Mccann v. People of State
| Decision Date | 31 January 1878 |
| Citation | 88 Ill. 103,1878 WL 9815 |
| Parties | ROBERT MCCANNv.THE PEOPLE OF THE STATE OF ILLINOIS. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of Champaign county; the Hon. C. B. SMITH, Judge, presiding.
Mr. M. B. THOMPSON, and Messrs. SWEET & DAY, for the plaintiff in error.
Mr. J. K. EDSALL, Attorney General, Mr. M. W. MATTHEWS, State's Attorney, and Mr. F. M. WRIGHT, for the People.
This was an indictment, containing twelve counts, returned by the grand jury of Champaign county, at the March term, 1877, against Robert McCann, for selling liquor without a license. A bench warrant was issued, on which the defendant was arrested and brought into court, and moved for a change of venue, on account of the prejudice of the presiding judge. This motion was denied, and exception taken. A motion was then made for a continuance, which was also denied, whereupon the defendant was arraigned and pleaded not guilty. There was a trial by jury, and they found the defendant guilty on the first eight counts, and not guilty as to the other counts. A motion for a new trial was denied, and also a motion in arrest of judgment, and judgment was rendered against the defendant that he pay a fine to the people of twenty dollars, and be imprisoned ten days on each of the eight counts, and pay the costs, and that execution issue for the fine and costs, and that the defendant stand committed until the fine and costs are paid.
To reverse this judgment the defendant prosecutes this writ of error, and assigns as error the refusal to grant a change of venue; in allowing the jury to retire without being in charge of a constable or other officer duly sworn; in overruling the motion for a new trial and in arrest of judgment, and in rendering judgment, for the reason the judgment is not complete on each count; and in denying the motion for a continuance.
The motion for a change of venue was based on the affidavit of defendant, that the presiding judge was prejudiced against him, so that he could not expect a fair and impartial trial; that a full knowledge of that fact did not come to his knowledge until the day the petition was presented. This was supported by the affidavit of two other citizens of the county, not of kin to the defendant, which stated the judge was so prejudiced against the petitioner that he could not have a fair trial. The State's attorney admitted that notice of the motion was given him, but not more than two hours before it was submitted. This affidavit, to say nothing...
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