County of Rock Island v. County of Mercer
Illinois Supreme Court
This cause was submitted upon the following agreed case: At August term of the Circuit Court of Mercer county, an indictment was presented by the grand jury, and filed, against Wallace Hatch and others, for burglary, committed in said Mercer county; on which the defendants therein were, at said term, arraigned, and severally pleaded not guilty, and at the same term entered their motion for a change of venue; which motion was allowed, and the venue changed to Rock Island…
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This cause was submitted upon the following agreed case: At August term of the Circuit Court of Mercer county, an indictment was presented by the grand jury, and filed, against Wallace Hatch and others, for burglary, committed in said Mercer county; on which the defendants therein were, at said term, arraigned, and severally pleaded not guilty, and at the same term entered their motion for a change of venue; which motion was allowed, and the venue changed to Rock Island county, at the same term, and the sheriff of Mercer county was ordered to remove the bodies of the defendants to Rock Island…
1Opinion of the Court
Catón, C. J.
We think the Circuit Court properly treated the money in controversy as if it had been recovered upon a recognizance taken for the appearance of the prisoner, by whom it was deposited with the sheriff, and the only important question in the case is, to which county the money thus collected belongs.
The statute imposes upon the county from which a venue is changed, in a criminal case, the expenses of the prosecution in the county where it is tried. By the law of 1847, it is provided that, in case of recognizance growing out of a change of venue, the county that, by law, is compelled…
2Cited by6 opinions
- Smart v. CasonIllinois Supreme Court · 1869
- State ex rel. Michener v. ScanlonIndiana Court of Appeals · 1891
- Sutherland v. St. Lawrence CountyAppellate Division of the Supreme Court of the State of New York · 1905
- Palakiko v. County of MauiHawaii Supreme Court · 1915
- People v. PastelAppellate Court of Illinois · 1928
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