Hickam v. People

Citations

• 137 Ill. 75
• 27 N.E. 88

Syllabus

<p>1. Change of venue—in criminal case—prejudice of the inhabitants —denial of such prejudice. Where the grounds relied on by a defendant for a change of venue in a criminal case, upon a charge of murder, are the circulation in the county of papers containing exaggerated .accounts of the homicide, and the consequent prejudice in the minds of the inhabitants of the county caused by reading such accounts, so that, as alleged, the defendant can not have a fair trial, the State’s attorney may deny the existence of the prejudice without denying the publication, of the accounts in the papers, and their, circulation, and ■support such denial by counter-affidavits of citizens of the county, and if, from such affidavits, it appears that there is no extensive or widespread prejudice in the county against the defendant, a change of venue •on that ground may be denied.</p> <p>2. Continuance—admission—to prevent a continuance—character of the admission—under the statute. On application of a defendant in a •criminal proceeding, at a term of court subsequent to that at which the indictment was found, for a continuance, on the ground of the absence •of some material witnesses whose attendance could not be had, the ■court may, in its discretion, require the prosecution to admit the truth, absolutely, of the defendant’s affidavit, to avoid a continuance, or only require the State’s attorney to admit that the absent witnesses would, if present, swear to the facts stated in the affidavit, leaving him free to contradict such facts or impeach the witnesses named.</p> <p>3. Under the act of 1885, relating to continuances in criminal cases, it is a matter within the discretion of the court, on an application for a continuance after the term at which an indictment was found, when the affidavit is sufficient on its face, whether the other party shall be required to admit, absolutely, the facts set up in the affidavit as within the knowledge of the absent witnesses, or to admit only that the