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VILLAGE OF PARK FOREST v. FAGAN

Nos. 48241, 48338 cons.

64 Ill.2d 264 (1976)

356 N.E.2d 59

THE VILLAGE OF PARK FOREST, Appellant, v. HOLLEY H. FAGAN, Appellee. — THE CITY OF CHICAGO, Appellant, v. ALOIS SMITH, Appellee.

Supreme Court of Illinois.

Opinion filed October 1, 1976.

Attorney(s) appearing for the Case

Richard W. Hall, Village Prosecutor, and Henry X. Dietch, Village Attorney of Park Forest, for appellant.

John E. McKeigue, of Hazel Crest, for appellee.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Iris E. Sholder, and Patrick W. O'Brien, Assistant State's Attorney, of counsel), amicus curiae.

William R. Quinlan, Corporation Counsel, of Chicago (Daniel Pascale and Jerome A. Siegan, Assistant Corporation Counsel, and Mary Denise Cahill (law student), of counsel), for appellant.

John E. McKeigue, of Hazel Crest, for appellee.

Reversed and remanded.

MR. JUSTICE CREBS delivered the opinion of the court:

The issue in these consolidated appeals concerns the proper construction and application of Supreme Court Rule 504, which provides, inter alia, that appearance dates in traffic cases shall be set "not less than 10 days but within 45 days after the date of arrest, whenever practicable." Ill. Rev. Stat. 1975, ch. 110A, par. 504.

In No. 48241, the defendant, Holley H....

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