The PEOPLE v. Benjamin

delivered the'opinion of the court:

Following a bench trial in the circuit court of Cook County the defendant was found guilty under two indictments charging the unlawful sale of narcotics and was sentenced to the penitentiary for concurrent terms of not less than 10 nor more than 20 years.

The defendant argues on this writ of error that the court erred in denying his motion for a discharge on the ground that he was not tried within four months of his confinement on the charge. It appears from the record that prior to December 20, 1961, the defendant had been confined in jail on a larceny…