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PEOPLE v. SMITH

No. 75-158.

42 Ill. App.3d 731 (1976)

356 N.E.2d 656

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CHARLES SMITH et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed October 22, 1976.

Attorney(s) appearing for the Case

Herbert J. Lantz, Jr., State's Attorney, of Chester (Bruce D. Irish and Robert J. Anderson, both of Illinois State's Attorneys Association, of counsel), for the People.

Stephen P. Hurley and Michael J. Rosborough, both of State Appellate Defender's Office, of Mt. Vernon, and Lonzo Greenwood, law student, for appellees.

Reversed and remanded.

Mr. JUSTICE JONES delivered the opinion of the court:

Defendants, Charles Smith and Lawrence Coleman, were indicted for the offense of aggravated battery. Each defendant filed a motion for discharge because of the lack of a speedy trial. The motions were originally denied but were later granted after a rehearing before a different judge. The State has appealed from the orders dismissing...

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