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PEOPLE v. PARSONS

No. 76-170.

48 Ill. App.3d 618 (1977)

363 N.E.2d 396

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. LARRY DEAN PARSONS, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed May 11, 1977.

Attorney(s) appearing for the Case

William Sisler, State's Attorney, of Freeport (Phyllis J. Perko and Stephen Dietsch, both of Illinois State's Attorneys Association, of counsel), for the People.

Ralph Ruebner and Joshua Sachs, both of State Appellate Defender's Office, of Elgin, for appellee.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

An indictment charging defendant with forgery (Ill. Rev. Stat. 1973, ch. 38, par. 17-3(a)(1), (2)) was dismissed upon his motion on the basis that he had not been tried within 120 days from the date he was taken into custody. (Ill. Rev. Stat. 1975, ch. 38, par. 103-5(a), (d).) The State appeals contending this case is neither within the terms nor the spirit of the statute since...

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