APPEAL from the Circuit Court of Cook County; the Hon. ALFONSE
F. WELLS, Judge, presiding.
MR. JUSTICE EGAN DELIVERED THE OPINION OF THE COURT:
The defendant was found guilty of murder in a bench trial and was sentenced to the penitentiary for a term of not less than fourteen years nor more than fifteen. The only issue on appeal is whether the trial judge erred in denying his petition for change of venue.
The indictment was returned before the Presiding Judge of the Criminal Division on August 20, 1970 and continued. On August 27, the defendant was arraigned and the case was assigned to Judge Alfonse F. Wells for trial. On motion of the defendant the Presiding Judge set the date of September 21, 1970.
On September 21, the defendant and his attorney appeared before Judge Wells and the following occurred:
"Mr. Ruttenberg: Good morning, Your Honor. If the court please, we would like to present the defendant's petition for a change of venue, a signed affidavit at this time.
The Court: Is this the first time up?
Mr. Callahan: According to this half sheet here, when there was a motion defendant 27 Was that in our courtroom?
Mr. Ruttenberg: That was before Judge Power.
The Court: That was before Judge Power. It was continued until the 21st, but it was assigned to me August 27. I think the motion has to be made within ten days of the time it is on my call.
Mr. Callahan: According to the file, Judge, it is beyond the ten days now. We would ask the motion be denied.
Mr. Ruttenberg: It is my understanding, Your Honor
The Court: It is incumbent upon you to come in here with your petition for substitution of judge within that ten-day period. All you had to do was to come in here and present that motion. Ten days runs from the time it is put on my call. Motion for a change of venue is denied. I take it you are not ready?
Mr. Ruttenberg: No, Your Honor. Could you possibly set a short ...