PEOPLE v. POWELL

No. 76-173.

43 Ill. App.3d 934 (1976)

357 N.E.2d 725

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ROBERT L. POWELL, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed November 24, 1976.


Attorney(s) appearing for the Case

Michael M. Mihm, State's Attorney, of Peoria, for the People.

Stephen Elman, Assistant Public Defender, of Peoria, for appellee.


Judgment affirmed.

Mr. JUSTICE SCOTT delivered the opinion of the court:

This is an appeal from an order of the Circuit Court of Peoria County granting the defendant Robert Powell's motion for discharge from custody on the grounds that he was not brought to trial within the 120-day rule (Ill. Rev. Stat. 1975, ch. 38, par. 103-5(a)) and that he was denied his constitutional right to a speedy trial.

The factual situation which preceded the trial court...

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