People v. Witherspoon

The instant appeal arises out of the State’s charge that defendant, Gary Witherspoon, was a fugitive from justice. (Ill. Rev. Stat. 1983, ch. 60, par. 30.) Defendant filed a petition for writ of habeas corpus, which was granted after a hearing. The State now appeals.

Initially, the State contends that it was error for the court to proceed without notice of the hearing being given to the agent of the demanding State of Wisconsin. While it is error for the circuit court to proceed in this type of case in the absence of notice to the demanding State (People v. Woods (1974), 17 Ill. App. 3d 889,…