Barr v. People

Citations

• 103 Ill. 110
• 1882 Ill. LEXIS 154

Syllabus

<p>1. Change of venue—in criminal case, may be to county court. A change of venue, in a case of misdemeanor, on account of the prejudice of the circuit judge, may properly be granted to the county court of the same county, if that court has jurisdiction of the offence charged in the indictment.</p> <p>2. Same—statute relating to, construed. The amendatory act of 1881, relating to change of venue on account of the prejudice of the circuit judge, providing that upon the filing of.the proper petition and affidavits, the cause, by operation of law, may be tried by any other of the circuit judges of the circuit, does not, in express terms, or by implication, repeal the provision of section 19 of the Revised Statutes of 1874, relating to the same subject, which provides that the venue may be changed to some other court of competent jurisdiction in the same county, as both may well stand together.</p> <p>3. Statute—repeal by implication. A later statute will not be held to repeal a former one by implication, when the repugnancy between the provisions of the two is not such that they can not both stand together.</p> <p>4. County court—jurisdiction of indictment for misdemeanor. The county court has jurisdiction to try an indictment for selling spirituous liquor to a minor without having the written consent of his parents, etc., when sent to it by the circuit court in pursuance of an application for a change of venue on account of the prejudice of the circuit judge.</p> <p>5. Jury—mode of summoning in county court. The county court is authorized by statute, when a jury has not been drawn and summoned as required in the circuit court, on the first day of the term, after ascertaining what cases are to be tried by jury, to have a venire issued for twelve jurors, or less, by agreement of the parties, who shall be summoned by the sheriff from the body of the county to serve as jurors for each trial had during the term. The order for such jury to serve during the term, instead of