Truitt v. State

On May 28, 1958, Bennie Truitt filed Ms complaint against the State of Illinois, in which he seeks damages in the amount of $150,000.00 for alleged wrongful incarceration.

On June 26, 1958, respondent filed a motion to dismiss for the following reasons:

1. The claim alleged is barred by the prior decision of this Court filed on October 22, 1954 in case No. 4637.

2. The claim alleged is not within the jurisdiction of this Court for the reason that it is not alleged that the claimant was innocent of the crime for which he was imprisoned, as required by Par. 439.8, Chap. 37, 1957 Ill. Rev. Stats.

3.…