State v. Welch
Wisconsin Supreme Court
REPORTED from the Circuit Court for Trempealeau County. An information was filed charging that on, etc., at, etc., the defendants “ did willfully and maliciously and knowingly resist James Hopkins, a constable in said town, then and there being duly elected and qualified, while he, the said James Hopkins, was engaged in the lawful execution of a civil process, to wit: a warrant for the recovery of the possession of personal property, issued out of a justice court of said…
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REPORTED from the Circuit Court for Trempealeau County. An information was filed charging that on, etc., at, etc., the defendants “ did willfully and maliciously and knowingly resist James Hopkins, a constable in said town, then and there being duly elected and qualified, while he, the said James Hopkins, was engaged in the lawful execution of a civil process, to wit: a warrant for the recovery of the possession of personal property, issued out of a justice court of said county * * on * * by * * a justice of the peace of said county * * , the said court having jurisdiction of the subject…
1Opinion of the Court
Ryan, 0. J.
The sufficiency of the information was virtually conceded by the learned counsel who appeared for the defendants in this court. Indeed, whether or not it might be considered good at common law, there is no room for doubt that it is sufficient under ch. 187 of 1871. Sec. 20 provides that statutory offenses may be charged in informations in the words of the statute. Both counts of the information before us follow the language of the statute defining the offense charged, with some harmless surplusage.
The particular objection taken to the information below rests on the sufficiency of…
2Cited by24 opinions
- Brown v. StateWisconsin Supreme Court · 1906
- State v. DonnerSupreme Court of Iowa · 1976
- Rich v. StateCourt of Special Appeals of Maryland · 2012
- State v. AvnayimConnecticut Superior Court · 1962
- Hollins v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 2009
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