A complaint was filed in the first municipal district of the circuit court of Cook County, on May 12, 1966, charging the defendant, Hinda Baskin, with the crime of theft of property of the value of $5 from Walgreen Drug Company. On the same date the defendant demanded a trial by jury and posted a bond. On May 26, the date to which the cause had been continued, the defendant did not appear and an order was entered forfeiting the bond and a warrant was issued for her arrest. On June 8 the defendant appeared and filed a new bond and the previous bond forfeiture was set aside. The cause was set for trial on July 20. On that date the cause was continued until August 3 on motion of the defendant. It was thereafter continued twice by order of court and set for trial on October 6. On that date the representative from the drug store did not appear and the State requested that the cause be stricken with leave to reinstate. The defendant's counsel objected stating that the defendant demanded trial and wanted her name cleared. Over the objection of the defendant the court allowed the prosecutor's motion. The defendant thereafter filed a motion to vacate the order, claiming that the order striking the case with leave to reinstate over the objection of her counsel and her demand for jury trial violated the defendant's right to a speedy trial guaranteed by the United States constitution and the constitution of the State of Illinois. The court denied the motion and defendant has appealed directly to this court. A substantial constitutional question is presented. The defendant's claim is based principally upon Klopfer v. North Carolina, 386 U.S. 213, 18 L.Ed.2d 1, 87 S.Ct. 988. In that case the defendant was indicted for the crime of criminal trespass. Trial commenced shortly after the indictment was returned but the jury was unable to reach a verdict and a mistrial was declared and the cause was continued. About a year later the prosecutor informed the defendant that he intended to have a nolle prosequi with leave entered. The effect of such an order under North Carolina law is to leave the indictment pending with implied consent for the prosecutor to reinstate it at any time for trial. The defendant opposed the entry of such an order and the prosecutor made a motion to continue the cause for another term, which motion was granted. At the next term the cause was not listed for trial on the calendar and the defendant filed a motion asking the court to inquire into the status of the charge to ascertain the intention of the State in regard to trial, and to have the charge permanently concluded as soon as was reasonably possible. When this motion was brought before the court the prosecutor moved for leave to take a nolle prosequi with leave, and over defendant's objection the court granted the motion.
