People v. Winfrey

This is a motion by the defendant for an order dismissing the indictment pursuant to sections 667 and 668 of the Code of Criminal Procedure for want of prosecution.

The indictment contains two counts of forgery in the second degree and one count of petit larceny allegedly committed on or about April 8, 1958. This indictment is dated January 18, 1963.

In October, 1957, defendant was arrested on a burglary charge in Birmingham, Alabama. In December, 1957, the defendant pleaded guilty and was given a suspended sentence and placed on probation. In June, 1958, the defendant was arrested and…