People v. Toney

The State appeals from an order of the circuit court of Cook County sustaining the petition of defendant, Alvin F. Toney, for discharge, based on his contention that he was denied his stautory right to speedy trial. (Ill. Rev. Stat. 1973, ch. 38, par. 103—5.) The State contends that neither defendant’s statutory nor constitutional right to speedy trial was violated when he was indicted for the same offenses more than 160 days after having been discharged at the conclusion of a preliminary hearing where the court failed to find probable cause.

We agree with the State’s contentions and reverse…