People Ex Rel. Hemingway v. Elrod

This is an original action in this court. We granted petitioner leave to file a petition for a writ of habeas corpus pursuant to our Rule 381 (Ill. Rev. Stat. 1973, ch. 110A, par. 381). Petitioner was charged with murder in the circuit court of Cook County. At the hearing on his motion to set bail, the trial court found that he was not entitled to bail under section 9 of article I of the Illinois Constitution of 1970, even though the petitioner was not charged with killing a person for whose murder the statute prescribes the death penalty. (See Ill. Rev. Stat. 1973, ch. 38, par. 1005— 8—1A.)…