People v. Bressette (124 Ill. App. 2d 469, 1970)

MR. JUSTICE SEIDENFELD

delivered the opinion of the court.

Defendant appeals from an order denying his motion in arrest of judgment entered after conviction by a jury upon an indictment charging the offense of reckless homicide (Ill Rev Stats 1967, c 38, § 9-3 (b)).

Whether the defendant’s prior plea of guilty before a magistrate on a traffic offense alleging wrong lane usage (Ill Rev Stats 1967, c 95%, § 156), precluded the State from proceeding on an indictment for the offense of reckless homicide, is the sole issue raised.

The issue relates to the effect of Ill Rev Stats 1967, c 38, §§ 3-3 and 3-4 (b) which provide, as relevant here,

“Sec. 3-3. Multiple Prosecution for Same Act.

“(a) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense.

“(b) If the several offenses are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution, ... if they are based on the same act.

“Sec. 3-4. Effect of Former Prosecution.