State v. Dale
Wisconsin Supreme Court
■ This case was reported from the Circuit Court of Green county. The defendant had been'prosecuted for violation of the act of 1851, in relation to the sale of intoxicating liquors, before a justice of the peace, taken by appeal, to the Circuit Court, where the defendant was convicted ; whereupon a motion in arrest of judgment was made on the ground of the insufficiency of the complaint.
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■ This case was reported from the Circuit Court of Green county. The defendant had been'prosecuted for violation of the act of 1851, in relation to the sale of intoxicating liquors, before a justice of the peace, taken by appeal, to the Circuit Court, where the defendant was convicted ; whereupon a motion in arrest of judgment was made on the ground of the insufficiency of the complaint. The complaint stated that he, the complainant, “ had been credibly informed,” Ac., without stating that he had good reason to believe, or that he did believe the defendant was guilty.
1Opinion of the Court
By the Court,
Whit ox, O. J.
We do not see how the conviction in this case can be sustained.
The statute in relation to the sale of intoxicating liquor, in force at the time when the offence charged against the defendant, is alleged to have been com- ‘ mitted, (Sess. Laws of 1851, § 5, 7,) provided that “upon complaint being made to any justice of the *796peace, by any person that he knows, or has good reason to believe that [an] offence against this act, or any violation thereof, has been committed, he shall examine the complainant upon oath, and he shall reduce such complaint to writing, and.…
2Cited by5 opinions
- Murphy v. StateWisconsin Supreme Court · 1905
- State v. BielbyWisconsin Supreme Court · 1866
- State v. TallWisconsin Supreme Court · 1883
- Brown v. StateCourt of Appeals of Texas · 1882
- State v. LewisOhio Supreme Court · 1893