PEOPLE v. GIMZA

No. 77-328.

56 Ill. App.3d 477 (1977)

371 N.E.2d 1135

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. THEODORE GIMZA, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied January 19, 1978.


Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Timothy Quinn, Mary C. Shropshire, and James S. Veldman, Assistant State's Attorneys, of counsel), for the People.

Lawrence J. Suffredin, Jr., of Chicago, for appellee.


Reversed and remanded.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The issue in this case is whether the 160-day period within which an accused, on bail, must be brought to trial continues to run if the charge is dismissed at the preliminary hearing for want of probable cause, and a subsequent indictment is brought based on the same facts. We hold that it does not and reverse the trial court's dismissal of the subsequent indictment on the grounds...

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