198 N.E. 142 | Ill. | 1935
A jury in the circuit court of LaSalle county found George Schmagien guilty of murder, fixing his punishment at fourteen years' imprisonment. A review of the judgment entered on that verdict is sought by this writ of error.
Plaintiff in error was arrested July 4, 1934, following the death on that date of John Benik, and was committed to jail on the same day. On October 10, 1934, he was indicted, charged with the murder of Benik, and his trial on that indictment started December 3, 1934. From his arrest until his trial plaintiff in error was continuously confined in the county jail. Before the commencement of his trial plaintiff in error moved for his discharge for failure to bring him to trial within four months of the date of his commitment, and the overruling of this motion, which is assigned as error, is the only point presented by the briefs which it will be necessary for us to consider.
The constitutional provision for a speedy trial (art. 2, sec. 9,) is mandatory and may not be disregarded. Legislative enactments defining and giving force to this provision have always been upheld by this court. (Newlin v. People,
Since the time has expired within which the defendant may be tried the cause will not be remanded. An order will be entered in this court that the plaintiff in error be discharged from custody.
Judgment reversed and prisoner ordered discharged.