People v. Ayers

3 Citing cases

  1. The People v. Chambers

    9 Ill. 2d 83 (Ill. 1956)   Cited 57 times
    In People v. Chambers, 9 Ill.2d 83, we held that the allegation of the prejudice of more than two judges in a petition for change of venue violates the terms of the statute and warrants a denial of the petition.

    In addition to the foregoing defect in the petition for change of venue herein, the prosecution further contends that the petition was properly denied on the ground that it was presented too late in the proceeding. It is uncontroverted that the law requires a petition for change of venue to be offered at the earliest practical moment, and that a petition filed after the hearing has commenced will be denied on the ground that it is filed too late. Commissioners of Drainage District v. Goembel, 383 Ill. 323; Flassig v. Newman, 317 Ill. App. 635; People v. Ayers, 250 Ill. App. 526; Richards v. Greene, 78 Ill. 525, 528; Haley v. City of Alton, 152 Ill. 113. Defendant, however, argues that the petition for change of venue herein, presented after the conclusion of the hearing on the motion to suppress evidence, but prior to the commencement of the trial on the indictment, was offered in apt time.

  2. Johnson v. Schuberth

    189 N.E.2d 768 (Ill. App. Ct. 1963)   Cited 8 times
    In Johnson, defendant realtor had joined the chicago Real Estate Board prior to the effective date of the Illinois Uniform Arbitration Act, but remained a member of the Board after its effective date.

    Several cases, cited with approval, settle the instant question. In People v. Ayer, 250 Ill. App. 526, the court held that a motion for change of venue was presented too late where it was offered before trial but after rulings on motions to exclude evidence, to quash the information, and for a continuance. . . .

  3. People v. Gregory

    149 N.E.2d 198 (Ill. App. Ct. 1958)   Cited 5 times

    [4] The People further contend that the application for change of venue was properly denied on the ground that it was presented too late in the proceeding. It is uncontroverted that the law requires an application for a change of venue from the judge to be offered at the earliest practical moment, and that an application filed after the hearing has commenced will be denied on the ground that it is filed too late. Flassig v. Newman, 317 Ill. App. 635; People v. Ayers, 250 Ill. App. 526; Haley v. City of Alton, 152 Ill. 113. [5] Thus where a judge has already commenced a hearing and has by his rulings indicated his views on the merits of the cause, it is too late for the party against whom such rulings have been made to move for a change of venue.