State v. Parish & Nichols
Wisconsin Supreme Court
REPORTED from the Circuit Court for Crawford County. An information against the defendants was filed in the circuit court for Crawford county, charging them with the crime of robbery. The record in that court shows that the defendants were arraigned on the information, and pleaded not guilty. On application of the defendants, the place of trial was changed to Yernon county. The defendants were tried in the circuit court for that county, and found guilty of the crime charged.
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REPORTED from the Circuit Court for Crawford County. An information against the defendants was filed in the circuit court for Crawford county, charging them with the crime of robbery. The record in that court shows that the defendants were arraigned on the information, and pleaded not guilty. On application of the defendants, the place of trial was changed to Yernon county. The defendants were tried in the circuit court for that county, and found guilty of the crime charged. In transmitting the record to that court, the cleric of the circuit court for Crawford county omitted to send that…
1Opinion of the CourtLyon, J.
If the defendants were put in jeopardy of punishment by their trial and conviction in the circuit court for "Vernon county, on the first information, they cannot lawfully be tried on the last information for the same offense. Const., art. I, sec. 8.
For the purposes of the case, it will be assumed that had the defendants been tried on the first information without arraignment or pleas, they were not thereby put in jeopardy of punishment, and such conviction would be no bar to another information for the same offense. It thus becomes unnecessary to refer to the numerous cases bearing upon that…
2Cited by13 opinions
- State v. WitteWisconsin Supreme Court · 1943
- Hawkins v. StateWisconsin Supreme Court · 1966
- McFarland v. StateWisconsin Supreme Court · 1887
- Jackson v. StateWisconsin Supreme Court · 1882
- Montgomery v. StateWisconsin Supreme Court · 1908
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