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PEOPLE v. CUNNINGHAM

No. 78-569.

77 Ill. App.3d 949 (1979)

396 N.E.2d 876

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOSEPH CUNNINGHAM, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed November 13, 1979.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (John T. Elsner, Robert L. Thompson and Edmund P. Bart, Assistant State's Attorneys, of counsel), for the People.

William J. Scott, Jr., of Mirabella & Kincaid, of Wheaton, for appellee.

Judgment affirmed.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The State appeals from an order discharging the defendant, Joseph E. Cunningham, on a complaint of aggravated battery, pursuant to his motion under the speedy-trial provision of the Illinois Code of Criminal Procedure. In issue is whether defense counsel's silence when the date was set by the court beyond the applicable 160-day term amounts to an agreement and waiver of defendant...

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