People v. Kennedy

Defendant was indicted on charges of possession and delivery of a controlled substance on November 6, 1974. According to the indictment the offenses allegedly occurred on December 5, 1973.

Defendant filed a motion to dismiss the indictment on the ground that the delay between the time the alleged offenses occurred and the indictment so prejudiced defendant that he was denied his right to a speedy trial. A hearing was held on the motion and the trial court dismissed the indictment. The People appeal.

The State first argues that the trial court has no power to dismiss an indictment upon grounds…