Hilmes v. Stroebel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The complaint contains two counts, for two assaults and batteries committed on the same day — one at Peter Boden’s, and the other at Henry G-lantz’s, in the village of West Bend. The defendant Stroebel, who was the principal actor, made default. The other three defendants answered a general denial. The evidence given on the trial will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Washington County. The complaint contains two counts, for two assaults and batteries committed on the same day — one at Peter Boden’s, and the other at Henry G-lantz’s, in the village of West Bend. The defendant Stroebel, who was the principal actor, made default. The other three defendants answered a general denial. The evidence given on the trial will sufficiently appear from the opinion. At the close of the plaintiffs testimony, a motion for a nonsuit was granted, and from the judgment entered accordingly the plaintiff appealed.
1Opinion of the CourtCole, C. J.
The counsel on both sides agree as to the correctness of the proposition that all concerned in an assault and battery are principals, and that one who incites another to commit such an offense is guilty and may be prosecuted as principal, although he did not otherwise participate in the wrongful act. In Brown v. Perkins, 1 Allen, 89, 98, Bigelow, C. J., states the rule upon this subject as follows: “Any person who is present at the commission of a trespass, encouraging or exciting the same by words, gestures, looks, or signs, or who in any way or by any means countenances or approves the…
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