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PEOPLE v. KENNEDY

No. 13114.

39 Ill. App.3d 323 (1976)

350 N.E.2d 482

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ANDRE KENNEDY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed June 17, 1976.

Attorney(s) appearing for the Case

Basil G. Greanias, State's Attorney, of Decatur (Jerry Finney, Assistant State's Attorney, of counsel), for the People.

Richard J. Wilson and Theodore A. Gottfried, both of State Appellate Defender's Office, of Springfield, for appellee.

Reversed and remanded.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

Defendant was indicted on charges of possession and delivery of a controlled substance on November 6, 1974. According to the indictment the offenses allegedly occurred on December 5, 1973.

Defendant filed a motion to dismiss the indictment on the ground that the delay between the time the alleged offenses occurred and the indictment so prejudiced defendant that he was denied...

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