A criminal cause may, upon proper application, be transferred from one judge to another because of the prejudice of the judge before whom it is pending; or it may be transferred from one county to another for trial because of the prejudice of the inhabitants of the county where the indictment was found. The procedure is usually by petition of the defendant for a change of venue, in which shall be stated the reasons for asking the change. The petition must be signed and sworn to by the defendant himself and not by another for him.1

When the petition for a change of venue sets up prejudice of the judge and is in due form as required by statute, there is no discretion; the court must grant the change.2 When the application for a change of venue is made on the ground of the prejudice of the judge it cannot be contradicted by counter affidavits.3 Under a statute which requires that the affidavits of two reputable persons of the county shall accompany the petition for a change of venue, the persons making the affidavits may state in the affidavits that they are persons of repute; and this will be conclusive evidence of that fact.4

1 McCauley vs. People, 88 Ill., 579. 2 Cantwell vs. People, 138 Ill., 602;

Rafferty vs. People, 72 Ill., 37;

Freleigh vs. State, 8 Mo., 606; see McCann vs. People, 88 Ill., 105 (application insufficient).

3 Cantwell vs. People, 138 Ill., 602. 4 Cantwell vs. People, 138 Ill., 604;

Hanna vs. People, 86 Ill., 243;

State vs. Callaway, 154 Mo., 91

(must be residents of the county).