People v. Terry

The defendant, James Terry, who had been indicted on February 14, 1973, in Lawrence County on two counts of indecent liberties with a child (111. Rev. Stat. 1971, ch. 38, par. 11 — 4(a)(1)) was, on his motion, ordered discharged on November 28, 1973, by the circuit court of Lawrence County for want of prosecution. The appellate court affirmed (24 111. App. 3d 197), and we granted leave to appeal. The question presented is whether the filing and pendency of a motion by the defendant under the circumstances here constituted a “delay occasioned by the defendant” so as to toll the running of the…