Chase v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Chippewa, County. The case is stated in the opinion. Eor the plaintiff in error it was argued, inter alia, as follows: 1. The first count in the information is insufficient. It does not charge that the prisoner killed or murdered' the deceased. Even in civil actions facts must be alleged positively, and not left to inference.
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ERROR to the Circuit Court for Chippewa, County. The case is stated in the opinion. Eor the plaintiff in error it was argued, inter alia, as follows: 1. The first count in the information is insufficient. It does not charge that the prisoner killed or murdered' the deceased. Even in civil actions facts must be alleged positively, and not left to inference. Rogers v. Milwaukee, 13 Wis., 610. And in criminal actions, “ neither inference nor argument can be indulged in or deemed sufficient to supply an insufficient averment in an information.” State v. Patrióle, 3 Wis., 812; State v. Gaffrey, 3…
1Opinion of the CourtTaylob, J.
The plaintiff in error was tried for murder upon an information filed by the district attorney of Chippewa county in the circuit court of that county, and upon such trial he was convicted of murder in the first degree, After verdict and before judgment, the defendant moved for a new trial and in arrest of judgment. Both motions were overruled, and the defendant was sentenced upon the verdict.
No bill of exceptions was settled in the case, and no exceptions allowed by the circuit judge. The case is brought to this court upon a writ of error. This court cannot, therefore, pass upon any questions…
2Cases cited8 opinions
- People v. McKinneyMichigan Supreme Court · 1862
- Evans v. PeopleMichigan Supreme Court · 1863
- Shannon v. PeopleMichigan Supreme Court · 1858
- Kilkelly v. StateWisconsin Supreme Court · 1878
- State v. FeeWisconsin Supreme Court · 1865
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3Cited by5 opinions
- Henning v. StateIndiana Supreme Court · 1886
- Hobbins v. StateWisconsin Supreme Court · 1934
- Ex Parte KeetSupreme Court of Missouri · 1926
- State v. GibbonsSupreme Court of Iowa · 1909
- Sisson v. StateWisconsin Supreme Court · 1890