People v. Leonard

Defendant was charged by way of a six-count indictment for the offenses of deviate sexual assault, indecent liberties with a child, intimidation, and attempt. He was incarcerated in the fall of 1972 and was unable to make bail. On December 22,1972, defendant moved for a continuance. It is undisputed that this motion tolled the effect of section 103 — 5 of the Code of Criminal Procedure (Ill. Rev. Stat. 1971, ch. 38, par. 103 — 5 (a)) which requires that a person held in custody for an alleged offense be tiled within 120 days from the date he was taken into custody unless delay is occasioned…