People v. Stewart

Appellate Court of Illinois

People v. Stewart

318 N.E.2d 639, 23 Ill. App. 3d 248, 1974 Ill. App. LEXIS 1821

CourtAppellate Court of Illinois

DecidedOctober 31, 1974

DocketNo. 12527

StatusPublished

Cited by2 cases

This text of 318 N.E.2d 639 (People v. Stewart) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Stewart, 318 N.E.2d 639, 23 Ill. App. 3d 248, 1974 Ill. App. LEXIS 1821 (Ill. Ct. App. 1974).

Pincite

Opinion

Mr. JUSTICE SIMKINS

delivered the opinion of the court:

On October 11, 1973, complaints were filed in the Sangamon County circuit court charging defendant, William E. Stewart, with driving while under the influence of intoxicating liquor in violation of section 11 — 501 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95%, par. 11— 501(a)) and improper use of title registration in violation of section 3— 703 of the Code (Ill. Rev. Stat. 1973, ch. 95%, par. 3 — 703). The defendant was free on bond during the entire time that the case was before the court. On October 25, 1973, a plea of not guilty was entered, and the case was set for trial on November 21. On November 23, the defendant moved for a continuance, and the case was reset for trial on December 19. On that date defendant’s motion to dismiss was granted by the trial court with the following docket entry:

“No complaining witness Objection by State.”

On January 4, 1974, the State filed a notice of appeal from that order.

We note that the trial court order of December 19, 1973, does not have the essential elements of finality which would enable this court to assume jurisdiction over the appeal. The trial court did not state that the dismissal order was entered with prejudice. Likewise, the State did not attempt to have the complaint reinstated, and we do not then have an appeal from a denial by the trial judge of a motion to reinstate. Accordingly, this appeal is hereby dismissed.

Appeal dismissed.

SMITH, P. J., and CRAVEN, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. JUSTICE SIMKINS

delivered the opinion of the court:

On October 11, 1973, complaints were filed in the Sangamon County circuit court charging defendant, William E. Stewart, with driving while under the influence of intoxicating liquor in violation of section 11 — 501 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95%, par. 11— 501(a)) and improper use of title registration in violation of section 3— 703 of the Code (Ill. Rev. Stat. 1973, ch. 95%, par. 3 — 703). The defendant was free on bond during the entire time that the case was before the court. On October 25, 1973, a plea of not guilty was entered, and the case was set for trial on November 21. On November 23, the defendant moved for a continuance, and the case was reset for trial on December 19. On that date defendant’s motion to dismiss was granted by the trial court with the following docket entry:

“No complaining witness Objection by State.”

On January 4, 1974, the State filed a notice of appeal from that order.

We note that the trial court order of December 19, 1973, does not have the essential elements of finality which would enable this court to assume jurisdiction over the appeal. The trial court did not state that the dismissal order was entered with prejudice. Likewise, the State did not attempt to have the complaint reinstated, and we do not then have an appeal from a denial by the trial judge of a motion to reinstate. Accordingly, this appeal is hereby dismissed.

Appeal dismissed.

SMITH, P. J., and CRAVEN, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

318 N.E.2d 639, 23 Ill. App. 3d 248, 1974 Ill. App. LEXIS 1821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stewart-illappct-1974.

Opinion

Related

Cite This Page — Counsel Stack