Allen v. State
Wisconsin Supreme Court
EEEOE to the Circuit Court for Clark County. The plaintiff in error was tried for murder upon an information chax’ging that he “ did feloniously and of his malice aforethought kill and murder Henry Wright, against the peace,” etc. The jury returned a verdict finding him “ guilty as charged in the information,” whereupon they were discharged.
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EEEOE to the Circuit Court for Clark County. The plaintiff in error was tried for murder upon an information chax’ging that he “ did feloniously and of his malice aforethought kill and murder Henry Wright, against the peace,” etc. The jury returned a verdict finding him “ guilty as charged in the information,” whereupon they were discharged. On the next morning the jury were reassembled and asked in what degree they found the defendant guilty, and each replied “In the first degree;” whereupon the court directed, against objection and exception, that the words “ of murder in the first degree ”…
1Opinion of the CourtWiNslow, J.
An information charging that the defendant “did wilfully, feloniously, and of bis malice aforethought kill and murder tbe deceased,” ^sufficient, under sec. 4660, R. S., and under it tbe defendant may properly be convicted of murder in either tbe first, second, or third degree. But a general verdict of guilty upon such an information does not authorize tbe court to pronounce judgment, because the degree of the crime is not determined. These propositions must be considered as settled in this-court. Hogan v. State, 30 Wis. 428; State ex rel. Welch v. Sloan, 65 Wis. 647. Such being the law, it…
2Cases cited4 opinions
- Hogan v. StateWisconsin Supreme Court · 1872
- Cook v. StateSupreme Court of Alabama · 1877
- State ex rel. Welch v. SloanWisconsin Supreme Court · 1886
- Williams v. PeopleIllinois Supreme Court · 1867
3Cited by16 opinions
- State v. ColemanWisconsin Supreme Court · 1996
- In re CarlsonWisconsin Supreme Court · 1922
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Butler v. StateWisconsin Supreme Court · 1899
- Koch v. StateWisconsin Supreme Court · 1906
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