Mccauley v. People of State
| Decision Date | 31 January 1878 |
| Citation | 1878 WL 9938,88 Ill. 578 |
| Parties | JAMES R. MCCAULEYv.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. JAMES K. EDSALL, Attorney General, for the People.
When this case was called for trial, defendant entered a motion for a change of venue, on account of the prejudice of the judge presiding.
One objection taken is fatal to the application. The petition upon which the motion was based, was neither signed nor sworn to by defendant. There is no statute that authorizes any other person to petition for a change of venue on behalf of defendant, and the application was properly denied.
The other questions made are substantially the same as in McCann v. The People, 88 Ill. 103, and are decided in the same way.
The judgment must be affirmed.
Judgment affirmed.
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...authorizes any other person to petition for a change of venue on behalf of defendant, and the application was properly denied." McCauley v. People, 88 Ill. 578. Moreover, even if the application could properly be made by the prochein ami, it would have to be made in the name and on behalf o......
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...cause of the application and praying a change of venue, which petition shall be verified by the affidavit of the defendant.’ In McCauley v. People, 88 Ill. 578, it was held that a petition for change of venue not signed and sworn to by the defendant was properly denied. It was there stated:......
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McHargue v. State
...authorizes any other person to petition for a change of venue on behalf of defendant, and the application was properly denied.” McCauley v. People, 88 Ill. 578. Counsel urge the necessity of permitting some one to act for the defendant, because of his alleged unsoundness of mind. But no att......
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Carle v. State
... ... State v. Ross (Mo. Sup.) 178 S.W. 475; Huckabee ... v. State, 53 So. 251, 168 Ala. 27; State v. Denton, ... 6 Cold. (46 Tenn.) 539; McCauley v. People, 88 ... Ill. 578 ... It is ... next argued that the issue of manslaughter in the first ... degree is raised by the ... ...