Clark v. People
Illinois Supreme Court
This action was tried at the March term, 1833, of the Hamilton Circuit Court, before the Hon. Thomas C. Browne. The jury returned a verdict of guilty against Reuben Clark, the plaintiff in error, and the Court gave sentence that he should be imprisoned in the county jail, three weeks, pay a fine of $360 and the costs of the prosecution, and that he should be publicly whipped thirty-nine lashes on his bare back.
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This action was tried at the March term, 1833, of the Hamilton Circuit Court, before the Hon. Thomas C. Browne. The jury returned a verdict of guilty against Reuben Clark, the plaintiff in error, and the Court gave sentence that he should be imprisoned in the county jail, three weeks, pay a fine of $360 and the costs of the prosecution, and that he should be publicly whipped thirty-nine lashes on his bare back. The errors assigned, are, 1. The refusal of the Court to grant a change of venue. 2. The refusal of the Court to quash the indictment.
1Opinion of the CourtWilson, Chief Justice
The plaintiff in error was indicted with three others for the crime of arson. Upon the calling of the cause, he moved the Court for a change of venue. The motion was founded on an affidavit in the usnal form, and assigned for cause, that he could not receive a fair trial in the county in which the cause was pending, because of the prejudice of the minds of the inhabitants of said county against him. One of the other persons included in the same indictment, was arrested, but did not join in the motion for a change of venue. The motion was overruled by the Court. A motion was then made to quash…
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