Gallagher v. State
Wisconsin Supreme Court
ERROR to the County Court of Winnebago County. A complaint was made, on oath, before a justice of the peace of said county, which charges that the party complaining “ is credibly informed, and has good reason to believe, that E. P., a resident of the village of Omro, in said county, is a minor, under the age of twenty-one years, and that on the 12th day of March, 1870, in the said village of Omro,' in the said county, he, the said E. P., did play a game of billiards on a…
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ERROR to the County Court of Winnebago County. A complaint was made, on oath, before a justice of the peace of said county, which charges that the party complaining “ is credibly informed, and has good reason to believe, that E. P., a resident of the village of Omro, in said county, is a minor, under the age of twenty-one years, and that on the 12th day of March, 1870, in the said village of Omro,' in the said county, he, the said E. P., did play a game of billiards on a billiard table kept in the village of Omro, in said county, by one Patrick Gallagher, for profit; and the said Patrick…
1Opinion of the CourtDixon, C. J.
It is well settled that the same strictness of averment is not necessary in indictments for misdemeanors as in indictments for felonies. A substantial statement of the offense, or certainty to a common intent, is all that is required in charging misdemeanors. Ford v. The State, 4 Chandler, 148; Martin v. State, 6 Humphrey, 204; Taylor v. State, id. 285; Bilbro v. The State, 7 id. 534; Sanderlin v. The State, 2 id. 315. The complaint is sufficient, within this rule. It is certain to a common intent that the billiard table is charged to have been kept for profit at the place named, on the 12th…
2Cases cited4 opinions
- People v. AdamsNew York Supreme Court · 1837
- Cook v. StateSupreme Court of Georgia · 1852
- Hills v. PassageWisconsin Supreme Court · 1867
- State v. TempleSupreme Court of Vermont · 1865
3Cited by1 opinion
- State ex rel. De Puy v. EvansWisconsin Supreme Court · 1894