Barrows v. People
Illinois Supreme Court
An indictment for larceny was found against Barrows at the March term, 1849, of the Madison Circuit Court. Barrows pleaded not guilty, and entered his motion for a change of venue; having given the prosecuting attorney written notice of his intention to make such motion. Notice of the application was given the day prior to the making of the motion, and the day on which the petition was verified.
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An indictment for larceny was found against Barrows at the March term, 1849, of the Madison Circuit Court. Barrows pleaded not guilty, and entered his motion for a change of venue; having given the prosecuting attorney written notice of his intention to make such motion. Notice of the application was given the day prior to the making of the motion, and the day on which the petition was verified. The motion for a change of venue was grounded upon the following petition and affidavit: [[Image here]] “ Of the August term of the Madison Circuit Court, A. D. 1849. “ William F. Barrows would…
1Opinion of the Court
Opinion by Treat, C. J.:
The Court should have granted the motion for a change of venue. The prisoner swore that information of the facts, which were made the basis of the application, came to his knowledge on the day the petition was prepared, and the notice was given to the state’s attorney that the motion would be made. It is equivalent to a statement that he then received the information for the first time. It negates every inference that the information had been previously acquired. If he had before obtained knowledge of the existence of the facts, the information did not come to his…
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