{
  "id": 2848945,
  "name": "The People of the State of Illinois, Appellee, vs. Lon Christopher Sigafus, Appellant",
  "name_abbreviation": "People v. Sigafus",
  "decision_date": "1969-03-27",
  "docket_number": "No. 41682",
  "first_page": "272",
  "last_page": "273",
  "citations": [
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      "cite": "42 Ill. 2d 272"
    }
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  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
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    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "25 Ill. App. 2d 294",
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    {
      "cite": "399 Ill. 196",
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    {
      "cite": "39 Ill.2d 68",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
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  "last_updated": "2023-07-14T15:08:33.608403+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Appellee, vs. Lon Christopher Sigafus, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Underwood\ndelivered the opinion of the court:\nThe petitioner, Lon Christopher Sigafus, appeals from the judgment of the circuit court of Winnebago County denying his petition for writ of habeas corpus.\nPetitioner was convicted of theft and sentenced to 2 to 7 years imprisonment. Subsequently his petition for relief under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1965, ch. 38, par. 122\u20141) was denied. On appeal to this court, we reversed and remanded with directions for further hearing. (People v. Sigafus, 39 Ill.2d 68.) On April 19, 1968, with petitioner and his attorney present, that hearing was held. At its conclusion the petition was again denied.\nOn May 13 petitioner filed a habeas corpus petition alleging that he was being held without authority by the penitentiary warden. The sole basis for this action is petitioner\u2019s unsupported allegation that at the conclusion of the April 19 hearing the court stated: \u201cremanded to the custody of the sheriff\u201d rather than \u201cremanded to the custody of the warden\u201d or \u201cremanded to the custody of the sheriff for delivery to the warden, etc.\u201d By contrast the order denying the habeas corpus petition expressly found \u201cThat on April 19, 1968 * * * [the post-conviction petition was] denied and it was ordered by this Court that petitioner be returned to the custody of the Warden, Illinois State Penitentiary, Joliet, Illinois\u201d, and \u201cThat the petitioner is imprisoned by virtue of a final judgment of a competent court of criminal jurisdiction.\u201d There is nothing in the record before us indicating otherwise.\nObviously, the record of trial court action and express findings of that court may not be impeached in the manner here attempted, for the record on appeal imports verity. 2 I.L.P. par. 469; Gebhardt v. Warren, 399 Ill. 196; McGurn v. Brotman, 25 Ill. App. 2d 294.\nThe judgment of the circuit court of Winnebago County is affirmed. T , . m ,\nT . Judgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Underwood"
      }
    ],
    "attorneys": [
      "Lon Christopher Sigafus, pro se.",
      "William G. Clark, Attorney General, of Springfield, and William R. Nash, State\u2019s Attorney, of Rockford, (Fred G. Leach, Assistant Attorney General, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 41682.\nThe People of the State of Illinois, Appellee, vs. Lon Christopher Sigafus, Appellant.\nOpinion filed March 27, 1969.\nLon Christopher Sigafus, pro se.\nWilliam G. Clark, Attorney General, of Springfield, and William R. Nash, State\u2019s Attorney, of Rockford, (Fred G. Leach, Assistant Attorney General, of counsel,) for the People."
  },
  "file_name": "0272-01",
  "first_page_order": 282,
  "last_page_order": 283
}