People v. Abel
Decision Date | 31 July 1974 |
Docket Number | No. 74--20,74--20 |
Citation | 21 Ill.App.3d 314,315 N.E.2d 136 |
Parties | PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Randall K. ABEL, Defendant-Appellee. |
Court | United States Appellate Court of Illinois |
Henry D. Sintzenich State's Atty., Macomb, for plaintiff-appellant.
Thomas W. Dye, Macomb, for defendant-appellee.
On Oct. 21, 1973, Defendant, Randall K. Abel was arrested by Officer Edward Wilson for Careless Driving and Resisting a Peace Officer. Officer Wilson was assisted in the arrest by Sgt. Galen Dorothy and Officer Gary Douglas. An information charging Resisting a Peace Officer was filed. Defendant plead Not Guilty and demanded a jury trial.
The case came on for trial setting and was set for trial on Monday, Jan. 14, 1974. Sgt. Dorothy was recovering from surgery and might not be able to testify, but he was not a necessary witness; Officers Wilson and Douglas were both necessary. Officer Douglas was taken ill on Sunday, Jan. 13, he was bedridden and no specific day was ascertainable when he would be able to testify. The only witness available was Officer Wilson who alone could not establish the People's case. The Assistant State's Attorney in charge of the case was notified early Monday morning and he notified the Court and defense attorney as soon as they were available.
Prior to the calling of the case the People filed a written motion for continuance on the above facts which motion was denied. Defense then made an oral motion for dismissal for 'want of prosecution.' Over objection of the People the trial judge granted the motion and dismissed the case for 'want of prosecution.' The People have appealed.
We quote from a similar case, People v. Hoover, 12 Ill.App.3d 25, 297 N.E.2d 400, ...
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People v. Deems
...rejected and to that extent, Lawson reversed the reasoning of People v. Shick, 101 Ill.App.2d 377, 243 N.E.2d 285 and People v. Abel, 21 Ill.App.3d 314, 315 N.E.2d 136 and its progeny, which includes The State's efforts at transforming a judgment of acquittal into a dismissal for want of pr......
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People v. Lawson
... ... (See, e. g., People v. Shick (1st Dist. 1968), 101 Ill.App.2d 377, 243 N.E.2d 285, and People v. Abel (3d Dist. 1974), 21 Ill.App.3d 314, 315 N.E.2d 136.) We are also aware of conflicting appellate court decisions. However, we believe that on the basis of the reasoning of our past decisions and that of the appellate courts and on the basis of the reasoning of the United States Supreme Court, we ... ...
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... ... (See, e. g., People v. Shick (1st Dist. 1968), 101 Ill.App.2d 377, 243 N.E.2d 285, and People v. Abel (3d Dist. 1974), 21 Ill.App.3d 314, 315 N.E.2d 136.) We are also aware of conflicting appellate court decisions. However, we believe that on the basis of the reasoning of our past decisions and that of the appellate courts and on the basis of the reasoning of the United States Supreme Court, we ... ...