People v. Nelson

1 Citing case

  1. People v. Wey

    341 N.E.2d 83 (Ill. App. Ct. 1976)

    These cases say that the delay attributable to the defendant will toll the statute unless it appears that the nolle pros and re-indictment were solely for purposes of evading the statute. In People v. Nelson, 129 Ill. App.2d 92, 262 N.E.2d 505, the prosecution dismissed the indictment and the case was tried upon a re-indictment. The issue was controlled, however, by section 103-5(e) of the Code of Criminal Procedure (Ill. Rev. Stat. 1969, ch. 38, par. 103-5(e)) relating to persons in custody upon simultaneous charges.