Illinois Supreme Court January 19, 1968, 40568 (The People Ex Rel. Starks v. Frye)

Mr. Justice Ward

delivered the opinion of the court:

The petitioner, Darrell E. Starks, received leave from this court to file an original petition for habeas corpus here pursuant to section 5 of article VI of the Illinois constitution. Ill. Const., art. VI, sec. 5.

The events leading to the petitioner’s indictment and imprisonment are uncontroverted. On April 4, 1964, at approximately 4:00 A.M.