190 N.E. 270 | Ill. | 1934
On April 22, 1933, the plaintiff in error (hereinafter called the defendant) was arrested on a warrant charging him with arson and brought before a justice of the peace of Lake county. On the same day, on the defendant's failure to give bail, the magistrate issued a mittimus committing *258 the defendant to the Lake county jail. The case was continued from time to time until June 8, 1933. Pending such time, on successive continuances the defendant was committed to the county jail for failure to give bail. On June 8 a preliminary hearing was had. The same magistrate held the defendant to the grand jury and for want of bail he was committed to jail. None of the continuances were made at the request of the defendant. He was in jail during the entire period from April 22 until his trial in the circuit court. At the October term, 1933, of the circuit court of Lake county he was indicted, charged with the crime of burning a dwelling house. He was tried before a jury and found guilty. His motions for new trial and in arrest of judgment were overruled. Judgment was entered on the verdict and he was sentenced to the State reformatory at Pontiac.
The statute provides that the regular terms of the circuit court of Lake county shall be held commencing on the first Mondays of March, October and December, respectively. On February 10, 1933, being one of the days of the December term, 1932, of the circuit court of Lake county, the presiding judge made an order, which was duly entered of record, calling a special term of the circuit court of Lake county to be convened on the fifth day of June, 1933. The order stated that no petit or grand jury should be summoned for such special term. The grand jury for the March term, 1933, of the circuit court was regularly impaneled on March 6. On March 7 the grand jury reported to the circuit court and was excused, subject to recall during the March term. The March term of the circuit court was adjourned on May 27, 1933. The grand jury was not recalled after being excused on March 7. On November 1, 1933, and prior to his trial in the circuit court, the defendant presented his written motion to be discharged from custody under the provisions of section 18 of division 13 of the Criminal Code. This affidavit stated, in *259 substance, that the defendant was committed to jail on April 22, 1933, that he was not admitted to bail and was not tried at some term of the court having jurisdiction of the offense commencing within four months of the date of his commitment, and that the delay was not upon his application. No answer was filed by the State's attorney to the motion and the affidavit in support thereof. The trial court denied the motion and refused to discharge the defendant. The same motion was urged in arrest of judgment after his conviction. The motion was again denied. The defendant has sued out a writ of error to review the orders of the trial court denying such motions.
So far as section 18, supra, is pertinent to the issue, that section provides that any person committed for a criminal or a supposed criminal offense and not admitted to bail and not tried at some term of the court having jurisdiction of the offense commencing within four months of the date of commitment, or if there is no term commencing within that time, then at or before the first term commencing after said four months, shall be set at liberty by the court unless the delay shall happen upon the application of the prisoner. Smith's Stat. 1933, chap. 38, sec. 18, par. 748, p. 1106; Cahill's Stat. 1933, chap. 38, sec. 18, par. 771, p. 1086.
It is contended by the defendant that in computing the time of his commitment by the justice of the peace, such time should be calculated from the date of his incarceration under themittimus issued by the justice of the peace on April 22, and that a commitment, within the meaning of the statute, does not date from the day on which he was indicted. The defendant is correct in this contention. Guthmann v. People,
It is earnestly urged by the defendant that he should have been tried at the special June term, and that not having been tried at that term he comes within the provisions of section 18 and should have been discharged on his application. *260
In passing upon the defendant's motion for a discharge the trial court properly took judicial notice of its record calling a special June term. (Bank of Eau Claire v. Reed,
It is contended by the defendant that in computing the time from the date of his imprisonment the special June term is a term of court within the meaning of section 18. He has, however, not assisted the court in the solution of that problem by the citation of any authorities sustaining his position. Section 18 was enacted for the purpose of enabling a defendant to obtain the speedy public trial guaranteed by section 9 of article 2 of our constitution. The term "speedy public trial" as used in the constitution is a relative term. It does not mean the defendant may have an immediate trial following his apprehension and indictment, but it does mean that he shall have a public trial consistent with the business of the court. The legislature by the enactment of section 18 has expressed its understanding of such section by fixing a time limit within which the defendant must be tried or set free. That body had in mind that there might not be a term of court having jurisdiction of the offense commencing within four months of the date of the defendant's commitment, so the statute further provides that if there is no such term commencing within the four months' period then the defendant shall be tried at the first term commencing after the expiration of such period. Provision is also made by the same statute *262 for a further extension not exceeding sixty days, provided a proper showing, as required by statute, is made by the People.
The decision of the case must turn upon the meaning of the words "term of court" as used in section 18. In determining such meaning we must bear in mind the object to be accomplished by the statute. It is obvious the General Assembly had in mind the disposition of the case in the orderly and usual transaction of the business of the court and not as an emergency matter. "A term of court is the time prescribed for holding court for the administration of judicial duties; a definite and fixed period, prescribed by law for the administration of judicial duties, within which the business of the term should be transacted." (15 Corpus Juris, 875.) Terms of court are regular and special. A regular term of court is one held at the time and place fixed once and for all. (Exparte Daly,
We are of the opinion that the correct rule of construction to be gathered from the authorities is, that the words "term of court," as used in a statute referring to terms of court, signifies a regular term fixed by law and not a special term, unless the statute by appropriate language expressly includes a special term in such designation or such conclusion is clearly apparent by implication. Applying this rule, the "term of court" as used in section 18 designates a regular term of court fixed by law and does not include a special term, the calling of which is provided for by sections 9 and 10 of chapter 37. It necessarily follows from our interpretation of section 18 that the defendant was tried within the time required by such section.
The order of the circuit court of Lake county refusing to discharge the defendant was correct, and such order is affirmed.
Order affirmed.