People v. Wey

Mr. PRESIDING JUSTICE TRAPP

delivered the opinion of the court:

The prosecution appeals from an order of the trial court which discharged defendant for failure to bring him to trial within the period prescribed in section 103 — 5(a) of the Code of Criminal Procedure (Ill. Rev. Stat. 1973, ch. 38, par. 103 — 5(a)). We affirm.

On May 8, 1974, defendant was taken into custody upon a charge of burglary. On July 26, the case was called for jury trial and the prosecution’s motion to amend the indictment was denied. His motion to nolle pros was granted and defendant was discharged. He had been in…