People v. Adams

I concur in the judgment of the court. I do not agree, however, with the majority’s conclusion that venue is a material fact in every prosecution and must be established at trial by proof beyond a reasonable doubt. The statutes at issue here are not unconstitutional, and our own doctrine regarding venue is not constitutionally compelled. Accordingly, I would enforce the provisions in our statutory law that require an accused to make, in advance of trial, any challenge to the county in which trial is being conducted.

Article I, section 8, of the Illinois Constitution grants to an accused the…