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PEOPLE v. BYRN

No. 71-12.

3 Ill. App.3d 362 (1971)

274 N.E.2d 186

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOHNNIE L. BYRN, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Rehearing denied October 28, 1971.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Kenneth Powless, State's Attorney, of Marion, (James B. Zagel, Assistant Attorney General, of counsel,) for the People.

Bernard Arthur Paul, of Marion, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE EBERSPACHER delivered the opinion of the court:

The defendant was charged by indictment with the crime of murder. The defendant filed a motion for discharge under the 160-day rule pursuant to Ill. Rev. Stat. 1969, ch. 38, pars. 103-5(b) and (d). The trial court granted the defendant's motion and from that order this appeal is taken.

On June 1, 1970, the defendant appeared in court with his attorney and pleaded...

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