People v. McAdrian

In this case we are asked to determine the propriety of the judgment of the trial and appellate courts on the issues of the application of the 120-day statute (Ill.Rev.Stat. 1967, ch. 38, par. 103 — 5(b)), and the waiver by the State of its contention that the May 7 discharge of the defendant for want of probable cause tolled the statute and that it did not begin to run again until the date of his commitment after he was subsequently re-indicted.

The defendant was discharged in the circuit court of Cook County for not having been tried within 120 days after he demanded trial. The State…