{
  "id": 826287,
  "name": "Nels Swanson et al. v. The People of the State of Illinois",
  "name_abbreviation": "Swanson v. People",
  "decision_date": "1878-09",
  "docket_number": "",
  "first_page": "589",
  "last_page": "590",
  "citations": [
    {
      "type": "official",
      "cite": "89 Ill. 589"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 162,
    "char_count": 2751,
    "ocr_confidence": 0.549,
    "pagerank": {
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      "percentile": 0.6518656106977665
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    "sha256": "afa15e55a491f1656d261992fe1a7cb5a006c33c62773186ea83906c480ea6db",
    "simhash": "1:8f25c4e26c5eeefe",
    "word_count": 470
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  "last_updated": "2023-07-14T14:36:47.067630+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Nels Swanson et al. v. The People of the State of Illinois."
    ],
    "opinions": [
      {
        "text": "Per Curiam :\nThis was an information filed in the county court of Knox county, by the prosecuting attorney, against Swanson and Runneberg, for alleged violations of the second section of the Dram Shop act, in selling intoxicating liquor without a license.\nThe defendants filed their petition for a change of venue, alleging the prejudice of the judge of the county court, and also the prejudice of the circuit judge of the eighth judicial circuit. Thereupon the Avenue was changed, against the defendants\u2019 objection, to the circuit court of Henry county.\nIn the Henry county circuit court the defendants objected to the court assuming jurisdiction, which objection was overruled, and the defendants excepted. Thereupon a trial was had in that court, resulting in a conviction of the defendants, and they bring the case here by writ of error.\nThe error is assigned, that the circuit court could not acquire jurisdiction by change of venue.\nThe section of the statute relating to a change of venue in criminal cases provides, that \u201cwhen a change of venue is granted, it may be to some other court of record of competent jurisdiction in the same county, or in some other convenient county to which there is no valid objection.\u201d Rev. Stat. 1874, 1095, sec. 19. Inasmuch as this proceeding was commenced by information in the county court, and could be so commenced only in that court, the statute providing that all offenses cognizable in the circuit courts shall be prosecuted by indictment, a majority of the court are of opinion that as the proceeding could not originally have been commenced and prosecuted by information in the circuit court, so neither could there be prosecuted in that court a case commenced by information in the county court, on change of venue from the latter court; that the circuit court was not, in this instance, a court of record of competent jurisdiction, within the meaning of the provision of the statute cited, and that it was error to grant the change of venue to the circuit court, and for that court to proceed with the cause.\nThe judgment is therefore reversed and the cause remanded.\nJudgment reversed.",
        "type": "majority",
        "author": "Per Curiam :"
      }
    ],
    "attorneys": [
      "Messrs. McKenzie & Calkins, for the plaintiffs in error.",
      "Mr. J. J. Tunnicliffe, State\u2019s attorney, for the People."
    ],
    "corrections": "",
    "head_matter": "Nels Swanson et al. v. The People of the State of Illinois.\nChange of venue\u2014an information can not be to circuit court. As an information for a misdemeanor can be commenced and prosecuted only in the county court, it is error, on granting a change of venue by the county court, to send the cause to the circuit court of some other county, and error for the latter court to proceed with its trial.\nWrit of Error to the Circuit Court of Henry county; the Hon. George W. Pleasants, Judge, presiding.\nMessrs. McKenzie & Calkins, for the plaintiffs in error.\nMr. J. J. Tunnicliffe, State\u2019s attorney, for the People."
  },
  "file_name": "0589-01",
  "first_page_order": 589,
  "last_page_order": 590
}