People v. Caruth

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Defendant was arrested on May 12, 1970, and charged with the offense of theft of American Express money orders valued in excess of $150. The cause was continued several times in the months that followed, and, on September 22, 1970, after he had been indicted and arraigned, defendant moved for discharge because of the State’s failure to bring him to trial within 120 days as required by Ill. Rev. Stat., ch. 38, par. 103 — 5. A hearing was held on October 2, 1970, and the motion was granted. The State now appeals seeking to reverse…