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PEOPLE v. POTEAT

No. 55955.

12 Ill. App.3d 1068 (1973)

299 N.E.2d 565

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. GORDON POTEAT, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied July 26, 1973.

Attorney(s) appearing for the Case

Edward V. Hanrahan, State's Attorney, of Chicago, (Elmer C. Kissane and James S. Veldman, Assistant State's Attorneys, of counsel,) for the People.

David Lincoln Ader, of Chicago, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court:

This is an appeal by the State from an order of the circuit court discharging the defendant, Gordon Poteat, because he was not tried within 120 days of his arrest. The State contends that the defendant's motion for discharge was erroneously granted since he was responsible for a delay which tolled the running of the statute...

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