McDonald v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Ashland County. The plaintiffs in error were tried and convicted in the circuit court of Ashland county on an information charging them with the crime of assault and felonious robbery, under sec. 4315, R. S. The court thereupon sentenced them, respectively, to terms of imprisonment in excess of the maximum term prescribed by the statute.
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ERROR to the Circuit Court for Ashland County. The plaintiffs in error were tried and convicted in the circuit court of Ashland county on an information charging them with the crime of assault and felonious robbery, under sec. 4315, R. S. The court thereupon sentenced them, respectively, to terms of imprisonment in excess of the maximum term prescribed by the statute. After two unsuccessful petitions to this court for writs of habeas corpus to procure their discharge because of such error (74 Wis. 450; 76 Wis. 366), they brought the case to this court by writ of error. The only error assigned…
1Opinion of the Court
The following opinion, was filed October 20, 1891:
LyoN, J.
When return was - made to the first writ of error herein, a bill of exceptions had been regularly settled and signed by the judge. It was therefore a part of the record at that time. E. S. sec. 2873. It is immaterial that the clerk had omitted to indorse the same “ Piled.” If it contained exceptions which the plaintiffs in error desired this court to pass upon, they should have had it returned on the first writ as a part of the record. In contemplation of law, the whole record was before this court on the first writ, and all the…
2Cases cited4 opinions
- Benedict v. StateWisconsin Supreme Court · 1861
- State v. WentlerWisconsin Supreme Court · 1890
- Benedict v. StateWisconsin Supreme Court · 1860
- Zimmerman v. TurnerWisconsin Supreme Court · 1869
3Cited by48 opinions
- State ex rel. Grendell v. DavidsonOhio Supreme Court · 1999
- State Ex Rel. Lynch v. ContaWisconsin Supreme Court · 1976
- In Re Constitutionality of Chapter 315, Laws of 1943Wisconsin Supreme Court · 1943
- Amos v. MosleySupreme Court of Florida · 1917
- Milwaukee County v. IsenringWisconsin Supreme Court · 1901
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