Petition of Bergin
Wisconsin Supreme Court
CERTIORARI to the Juclge of the Second Circuit. In April, 1872, an information was duly filed in the municipal court of the county of Milwaukee, by the district attorney of that county, which charges that on the 10th day of February, 1872, at said county, the plaintiff in error “ did willfully, feloniously and of his malice aforethought, assault, beat, wound and ill-treat Julius Schroeder, with intent, then and there, him, the said Julius Schroeder, willfully, feloniously…
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CERTIORARI to the Juclge of the Second Circuit. In April, 1872, an information was duly filed in the municipal court of the county of Milwaukee, by the district attorney of that county, which charges that on the 10th day of February, 1872, at said county, the plaintiff in error “ did willfully, feloniously and of his malice aforethought, assault, beat, wound and ill-treat Julius Schroeder, with intent, then and there, him, the said Julius Schroeder, willfully, feloniously and of his malice aforethought, to kill and murder, against the peace and dignity of the state of Wisconsin.” The…
1Opinion of the CourtLyon, J.
The reasons assigned by the learned counsel for the plaintiff in error why the order of the circuit judge refusing to discharge his client from custody should he reversed, include those urged in the municipal court in support of the motions to quash the information and in arrest of judgment. Such of them as are deemed material will be considered in their order.
I. It is argued that the act of 1871, ch. 187, authorizing the commencement of criminal prosecutions by information instead of indictment, is unconstitutional and void. In The State v. Rowan, decided since the habeas corpus proceedings…
2Cases cited2 opinions
- State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
- In re of BoyleWisconsin Supreme Court · 1859
3Cited by6 opinions
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
- Milwaukee County v. HalseyWisconsin Supreme Court · 1912
- Koch v. StateWisconsin Supreme Court · 1906
- State ex rel. Richter v. ChadbourneWisconsin Supreme Court · 1916
- Pounder v. AsheNebraska Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.