People v. Smith

Mr. JUSTICE GEORGE J. MORAN,

dissenting:

I do not believe that section 3 — 8—10 of the Unified Code of Corrections (Ill. Rev. Stat. 1975, ch. 38, par. 1003 — 8—10) was the applicable speedy trial statute. That section speaks of “untried complaints, charges or indictments pending in any county” and says “The state’s attorney shaU then procure the presence of said defendant for trial in his county by writ of habeas corpus.” (Emphasis added.) Crimes allegedly committed by a prison inmate in a prison, however, can be prosecuted only in the county where the prison is located. (See Ill. Rev. Stat.…