Kilkelly v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for La Fayette County. The plaintiff in error was tried upon an information which charged that, on a day and at a place therein named, he, “ being armed with a dangerous weapon, to wit, a knife, did feloniously, with and by means of such deadly weapon then in his hand, make an assault upon one Charles Mappes, and him the said Charles Mappes did then and there with the said deadly weapon cut, beat and ill treat, with intent to murder the said…
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ERROR to the Circuit Court for La Fayette County. The plaintiff in error was tried upon an information which charged that, on a day and at a place therein named, he, “ being armed with a dangerous weapon, to wit, a knife, did feloniously, with and by means of such deadly weapon then in his hand, make an assault upon one Charles Mappes, and him the said Charles Mappes did then and there with the said deadly weapon cut, beat and ill treat, with intent to murder the said Charles Mappes, against the peace and dignity of the state of Wisconsin.” The trial resulted in a general verdict of guilty.…
1Opinion of the CourtLyon, J.
1. In The State v. Fee, 19 Wis., 591, it was held that an indictment charging the offense substantially as it is charged in this information was not a good indictment for an assault with intent to murder, but only for a less offense included in that crime. The rule there established must be applied to this information, unless it has been changed by the criminal procedure act, ch. 137, Laws of 1871. Section 20 of that act provides, that “ when the offense charged has been created by any statute, or the punishment of such offense has been declared by any statute, the indictment or information…
2Cases cited3 opinions
- Draper v. EmersonWisconsin Supreme Court · 1867
- Rice v. PeopleMichigan Supreme Court · 1866
- Combs v. DunlapWisconsin Supreme Court · 1865
3Cited by25 opinions
- State v. JenkinsCourt of Appeals of Maryland · 1986
- In re CarlsonWisconsin Supreme Court · 1922
- Perugi v. StateWisconsin Supreme Court · 1899
- Montgomery v. StateWisconsin Supreme Court · 1922
- Bonneville v. StateWisconsin Supreme Court · 1882
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