PEOPLE v. EISELE

No. 78-577.

77 Ill. App.3d 766 (1979)

396 N.E.2d 662

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. LANCE EISELE, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed November 1, 1979.


Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Phyllis J. Perko and William L. Browers, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Marco and Mannina, of Downers Grove, for appellee.


Reversed and remanded.

Mr. JUSTICE NASH delivered the opinion of the court:

An indictment charging defendant, Lance Eisele, with burglary and criminal damage to property was dismissed by the trial court on the ground the delay between his arrest and indictment violated his right to a prompt determination of probable cause. (Ill. Const. 1970, art. I, § 7.) The State brings this appeal and we reverse.

Defendant was charged by complaint with burglary...

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