Creek v. Clark

The defendant, Jimmy L. Creek, was charged by indictment in the circuit court of Madison County with reckless homicide. He moved to dismiss the indictment, claiming that the dismissal of a prior information based on the same occurrence prevented the State from subsequent prosecution. After defendant’s motion was denied, he petitioned for a writ of habeas corpus alleging the same grounds as in the motion to dismiss. This motion was also denied. Defendant appealed the denial of the habeas corpus petition, and a majority of the appellate court reversed. (91 Ill. App. 3d 429.) The State appeals.

A…