People v. Newman

The question presented is whether defendants’ motion for substitution of judges tolled the running of the 120-day period imposed by the “speedy trial” provision of the Code of Criminal Procedure of 1963. Ill. Rev. Stat. 1975, ch. 38, par. 103—5.

Defendants, Alphonso Newman, Floyd Mitchell and Joseph Donaldson, were indicted for armed robbery and unlawful use of weapons; Alphonso Newman was additionally indicted for possession of a controlled substance. After a jury trial in the circuit court of Cook County, all three defendants were found guilty of armed robbery, defendant Mitchell was found…