People v. Smith

Defendants, Charles Smith and Lawrence Coleman, were indicted for the offense of aggravated battery. Each defendant filed a motion for discharge because of the lack of a speedy trial. The motions were originally denied but were later granted after a rehearing before a different judge. The State has appealed from the orders dismissing the charge against each defendant.

On September 18, 1974, defendants were inmates of the Illinois State Penitentiary, Menard, in Randolph County, Illinois. On that date, as two prison guards, Officer Everett Gray and Lieutenant D. Misselhorn, were attempting to…