People v. Behning

The defendant, James H. Behning, was convicted of the offense of forgery in violation of Section 17—3 of the Illinois Criminal Code of 1961 (Ill. Rev. Stat. 1961, ch. 38, par. 17—3) and sentenced to a term of two to six years in the state penitentiary. On appeal the defendant contends that he should have been discharged pursuant to Section 103-5 of Chapter 38 since he was not brought to trial within 120 days from the date he was taken into custody and that he was not proved guilty of the charge beyond a reasonable doubt since the evidence showed he was an uncontrollable alcoholic and was so…