Fizell v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Dodge County. The. plaintiff in error was found guilty under an indictment found in said'court, and brings this action to reverse the judgment rendered upon the verdict. The indictment was in the following form: “ State of Wisconsin, Cotjhty of Dodge, ss. : At a term of the circuit court for the county of Dodge and state of Wisconsin, begun and held at the court-house in the village of Juneau, in the county of Dodge aforesaid, on,” etc.
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ERROR to the Circuit Court for Dodge County. The. plaintiff in error was found guilty under an indictment found in said'court, and brings this action to reverse the judgment rendered upon the verdict. The indictment was in the following form: “ State of Wisconsin, Cotjhty of Dodge, ss. : At a term of the circuit court for the county of Dodge and state of Wisconsin, begun and held at the court-house in the village of Juneau, in the county of Dodge aforesaid, on,” etc. (specifying the time), “before' the Hon D. J. Pulling, judge of the third judicial circuit in the state of Wisconsin, the…
1Opinion of the CourtCole, J.
The first objection taken to the indictment is, that it does not show, unless by mere inference, where the bill was found, or where the grand jury was sworn , and charged. We suppose the more specific objection taken to the caption to,be, that the words “then and there” are not inserted before the words “duly summoned, impaneled, tried, sworn and charged, inquiring in and for the county.” Mr. Chitty states, in his work on Criminal Law (vol. 1, p. 334), that formerly it was considered to be necessary to prefix the words “then and there” to the word “sworn,” but that they are not now usual. The…
2Cases cited2 opinions
- Beauchamp v. StateIndiana Supreme Court · 1842
- Fitzgerald v. StateWisconsin Supreme Court · 1856
3Cited by18 opinions
- Proper v. StateWisconsin Supreme Court · 1893
- Davis v. StateNebraska Supreme Court · 1891
- Loose v. StateWisconsin Supreme Court · 1903
- State v. HunterWashington Supreme Court · 1898
- Ross v. StateWyoming Supreme Court · 1908
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