THE PEOPLE v. LYBARGER

No. 35998.

22 Ill.2d 170 (1961)

174 N.E.2d 687

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ROLLIN EUGENE LYBARGER, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed May 19, 1961.


Attorney(s) appearing for the Case

ROGER W. HAYES, and JOSEPH WAGNER, both of Macomb, for plaintiff in error.

WILLIAM L. GUILD, Attorney General, of Springfield, and WILLIAM L. RANDOLPH, State's Attorney, of Macomb, (FRED G. LEACH, Assistant Attorney General, of counsel,) for the People.


Judgment affirmed.

Mr. JUSTICE SOLFISBURG delivered the opinion of the court:

The defendant Lybarger was indicted by the grand jury of McDonough County on May 5, 1959, on two charges of burglary and larceny and one of assault with intent to murder. He was placed in the McDonough County jail pursuant to a capias on September 23, 1959. Prior to arraignment, he filed motions for discharge in all three cases, (Ill. Rev. Stat. 1959, chap. 38, par. 748,)...

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