McKinney v. State
Wisconsin Supreme Court
ERROR to tie Circuit Court for Fond du Lac County. The plaintiff in error .brings this suit to reverse a judgment against him in a criminal action in the court below. The nature of that action and the errors alleged will sufficiently appear from the opinion. to the point that the indictment was bad for duplicity, cited 1 Bishop’s Crim. Procedure, 189-; Greenlow v. The State, 4 Humph. 25; State v. Nelson, 8 N. H. 163 ; Miller v. State, 5 How.
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ERROR to tie Circuit Court for Fond du Lac County. The plaintiff in error .brings this suit to reverse a judgment against him in a criminal action in the court below. The nature of that action and the errors alleged will sufficiently appear from the opinion. to the point that the indictment was bad for duplicity, cited 1 Bishop’s Crim. Procedure, 189-; Greenlow v. The State, 4 Humph. 25; State v. Nelson, 8 N. H. 163 ; Miller v. State, 5 How. (Miss.) 250; People v. Wright, 9 Wend. 193; Wilson v. State, 18 Ohio, 145; Haney v. State, 5 Wis. 529. 2. The indictment should have charged that the…
1Opinion of the Court
Dixoít, C. J.
This was an indictment, under sec. 35, ch. 164, R. S., for an assault by the plaintiff in error, being armed with a dangerous weapon, with intent to murder; the punishment for which offense, as prescribed by that section, is imprisonment in the state prison not more than five years, nor less than one year. It is *380objected, that the indictment, which contains but one count, is bad for duplicity, on the ground that it also charges the offense under section 32 of the same chapter, where, the offender not being armed with a dangerous weapon, a different and milder form of punishment…
2Cases cited4 opinions
- State v. FeeWisconsin Supreme Court · 1865
- Scott v. CommonwealthSupreme Court of Pennsylvania · 1820
- Smith v. BrunerMississippi Supreme Court · 1852
- State v. FelnerWisconsin Supreme Court · 1865