State v. Gummer
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. The complaint against the defendant in a justice’s court, for selling liquors without a license, contained four counts, charging sales on different days to different persons named; while a fifth count charged a sale to persons unknown to the complainant, on divers days and times between August 1, 1866, and the making of the complaint.
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APPEAL from tbe Circuit Court for Winnebago County. The complaint against the defendant in a justice’s court, for selling liquors without a license, contained four counts, charging sales on different days to different persons named; while a fifth count charged a sale to persons unknown to the complainant, on divers days and times between August 1, 1866, and the making of the complaint. Defendant, being convicted before the justice, appealed to the circuit court; and there he moved to quash the complaint for the reason that sevéi’al distinct offenses were charged therein ; and subsequently…
1Opinion of the CourtCole, J.
There was no error in the ruling of the court refusing to quash the complaint for the reason that several distinct offenses were charged therein. In the case of. misdemeanors which are only punishable by fine or imprisonment, the prosecution is permitted to join and try several distinct offenses in the same indictment. Kane v. People, 8 Wend., 203; State v. Beilby, — Wis. —; Byrne v. State, 12 id., 519.
*443Uor can the defendant prevail on tRe objection that the conrt below should have compelled the prosecution to elect upon which count they would rely, on the trial. This is a matter resting very…
2Cases cited3 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- State v. DownerWisconsin Supreme Court · 1866
- State v. FeeWisconsin Supreme Court · 1865
3Cited by10 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. LeichamWisconsin Supreme Court · 1877
- Lindevig v. Dairy Equipment Co.Court of Appeals of Wisconsin · 1989
- Gutenkunst v. StateWisconsin Supreme Court · 1935
- Burrell v. StateNebraska Supreme Court · 1889
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