People v. Purcell

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 92739 Rel

Docket No. 92739-Agenda 10-March 2002.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. WILLARD PURCELL, Appellee.

Opinion filed October 3, 2002.

 

 

JUSTICE GARMAN delivered the opinion of the court:

In August 2001, defendant was arrested and indicted in thecircuit court of Winnebago County on four counts of first degreemurder pursuant to sections 9-1(a)(2), (a)(3), and (b)(19) of theCriminal Code of 1961 (720 ILCS 5/9-1(a)(2), (a)(3), (b)(19)(West 2000)). On appeal following denial of bail, the appellatecourt declared unconstitutional section 110-4(b) of the Code ofCriminal Procedure of 1963 (the Code) (725 ILCS 5/110-4(b)(West 2000)) and remanded the matter to the trial court forconsideration of defendant's bail request. 325 Ill. App. 3d 551. Wegranted the State's timely appeal. 177 Ill. 2d R. 315; 134 Ill. 2d R.317. We affirm and hold that section 110-4(b) violates article I,section 9, of the Illinois Constitution of 1970 (Ill. Const. 1970, art.I,