People v. Ross

Mr. PRESIDING JUSTICE SMITH

delivered the opinion of the court:

This is an appeal by the State from an order entered on March 24, 1970, discharging the defendant for failure to afford him a speedy trial within 160 days of his written demand for trial. The order finds that 160 days has elapsed since the filing of the demand, but makes no finding as to whether the delay was or was not occasioned by the defendant nor are any of the remaining exceptions excusing trial within 160 days as set out in Ill. Rev. Stat. 1969, ch. 38, par. 103 — 5, recited in the order or shown by this record. In our…