Legal Opinion

Rafferty v. People

Illinois Supreme Court

Decided January 15, 1874PublishedCited by 32 opinions

Writ of Error to the Circuit Court of Lake county; the Hon. T. D. Murphy, Judge, presiding.

1Opinion of the CourtJustice McAllister

This case has been before us, upon writ of error, on two former occasions. On the first, the conviction was reversed upon the ground that the Criminal Court of Cook county erred in denying the prisoner’s application, upon a sufficient petition, for a change of venue. This court held, in accordance with the views of the profession and circuit judges all over the State, as shown by the general course of practice, that the application was not addressed to the discretion of the court, but, upon a proper application being made, the prisoner was entitled to it, as a matter of right. For depriving…

2Cases cited3 opinions

  1. Rafferty v. PeopleIllinois Supreme Court · 1873
  2. McIntyre v. PeopleIllinois Supreme Court · 1865
  3. Rafferty v. PeopleIllinois Supreme Court · 1872

3Cited by32 opinions

  1. Bad Elk v. United StatesSupreme Court of the United States · 1900
  2. Flor Lopez v. William Vanderwater and Howard Wheeler GambleCourt of Appeals for the Seventh Circuit · 1980
  3. Leith v. StateSupreme Court of Alabama · 1921
  4. Commonwealth v. PhelpsMassachusetts Supreme Judicial Court · 1911
  5. Gainey v. PeopleIllinois Supreme Court · 1881

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