PEOPLE v. BYRNES

No. 74-429.

34 Ill. App.3d 983 (1975)

341 N.E.2d 729

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. EDWARD L. BYRNES, Defendant-Appellee.

Appellate Court of Illinois — Second District (2nd Division).

December 23, 1975.


Attorney(s) appearing for the Case

Gerry Dondanville, State's Attorney, of Geneva (Juul H. Thompson, Assistant State's Attorney, of counsel), for the People.

Ralph Ruebner, of State Appellate Defender's Office, of Elgin, for appellee.


Affirmed in part, reversed in part and remanded.

Mr. JUSTICE THOMAS J. MORAN delivered the opinion of the court:

The State appeals questioning the trial court's authority to dismiss, on its own motion, a Class 1 felony indictment against the defendant, who, found mentally incompetent to stand trial, had spent five years in State mental institutions.

On June 2, 1969, the defendant (mentally retarded in the moderate to severe range) was indicted on one...

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