People v. Lamb

1 Citing case

  1. People v. Nelson

    18 Ill. App. 3d 628 (Ill. App. Ct. 1974)   Cited 16 times
    In Nelson, we found that the objective of the supreme court rules, as expressly stated in Rule 504 at the time (73 Ill. 2d R. 504), was to provide a disposition on the merits.

    We conclude, therefore, that defendants were entitled to a disposition on the merits on the trial date set of February 21, 1973, which we consider to be the date and time for appearance referred to in Supreme Court Rule 505. We are aware of the case of People v. Lamb, 6 Ill. App.3d 568, 286 N.E.2d 37, in which the court indicated that granting a new trial was not an "acquittal" and, also, of People v. Rinks, 80 Ill. App.2d 152, 224 N.E.2d 29, in which the court indicated that dismissal for want of prosecution would not establish a basis for a plea of double jeopardy in a subsequent proceeding. If there were no Supreme Court Rules 504 and 505 and the facts were as appear in the cause before us, we might find the Rinks case a precedent to follow. We do not believe, however, that Supreme Court Rules 504 and 505, designed to apply to traffic and conservation cases, can be disregarded.