People v. Miller

The State appeals from an order of the circuit court of Kane County quashing the indictment against the defendant, Scott Lee Miller. The indictment returned by the grand jury had charged the defendant with reckless homicide. (Ill. Rev. Stat. 1979, ch. 38, par. 9 — 3(a).) The defendant filed a motion to quash the indictment. The defendant’s motion recited that it was brought pursuant to sections 114 — 1(a)(5) and 114 — 1(a)(9) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1979, ch. 38, pars. 114 — 1(a)(5) and 114 — 1(a)(9)).

Section 114 — 1(a)(9) provides for the dismissal of an…