THE PEOPLE v. DE COLA

No. 34955.

15 Ill.2d 527 (1959)

155 N.E.2d 622

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JOHN DE COLA, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed January 23, 1959.


Attorney(s) appearing for the Case

GERALD W. GETTY, of Chicago, (JAMES J. DOHERTY, of counsel,) for plaintiff in error.

LATHAM CASTLE, Attorney General, of Springfield, and BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRED G. LEACH, WILLIAM H. SOUTH, FRANCIS X. RILEY, and EDWIN A. STRUGALA, of counsel,) for the People.


Affirmed in part and reversed in part.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The principal issue on the merits in this case is whether, by pleading guilty to an indictment, a defendant waives his statutory right to be tried within four months of the date of his arrest. (Ill. Rev. Stat. 1957, chap. 38, par. 748.) Before that question is reached, however, we must first dispose of a procedural problem concerning the method by which that issue...

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