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PEOPLE v. DiBENEDETTO

No. 80-689.

93 Ill. App.3d 483 (1981)

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ANGELO DiBENEDETTO et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied March 9, 1981.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Iris E. Sholder, and Armand L. Andry, Assistant State's Attorneys, of counsel), for the People.

Richard B. Caifano, of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Defendants, Angelo DiBenedetto and George Wyma, were charged by indictment on November 3, 1978, with the thefts of property of a value over $150 committed on December 1 and 3, 1975. On January 19, 1979, defendants filed a motion to dismiss the indictment, alleging that pre-indictment delay in this case denied the defendants due process of law. On April 9, 1979, after a hearing...

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