Legal Opinion

People v. Gimza

Appellate Court of Illinois

Decided December 29, 1977No. 77-328PublishedCited by 9 opinions

1Opinion of the CourtJustice Romiti

The issue in this case is whether the 160-day period within which an accused, on bail, must be brought to trial continues to run if the charge is dismissed at the preliminary hearing for want of probable cause, and a subsequent indictment is brought based on the same facts. We hold that it does not and reverse the trial court’s dismissal of the subsequent indictment on the grounds the 160-day period had run.

On July 16, 1975, Theodore Gimza, the defendant, allegedly pushed Eugene Hunsaker through a window causing his death. He was arrested that same day and charged with involuntary…

2Cases cited15 opinions

  1. United States v. MarionSupreme Court of the United States · 1971
  2. Klopfer v. North CarolinaSupreme Court of the United States · 1967
  3. United States v. EwellSupreme Court of the United States · 1966
  4. Smith v. HooeySupreme Court of the United States · 1969
  5. Dickey v. FloridaSupreme Court of the United States · 1970

10 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. SandersAppellate Court of Illinois · 1980
  2. People v. O'MALLEYAppellate Court of Illinois · 1982
  3. People v. GarciaAppellate Court of Illinois · 1978
  4. People v. DecaturAppellate Court of Illinois · 1989
  5. People v. GathingsAppellate Court of Illinois · 1984

4 more not listed; retrieve them via the Exa API.

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