Barnard v. State
Wisconsin Supreme Court
EKEOE to the Circuit Court for Marinette County. The defendant was tried on the following information: “ I, Hiram 0. Eairchild, district attorney for said county, hereby inform the court that on the 19th day of April, 1893, at said county, John Barnard did, upon one Jennie Yander Bogart, a female child under the age of twelve years, feloniously make an assault, and her, the said Jennie Yander Bogart, then and there feloniously did carnally know and abuse, against,” etc.
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EKEOE to the Circuit Court for Marinette County. The defendant was tried on the following information: “ I, Hiram 0. Eairchild, district attorney for said county, hereby inform the court that on the 19th day of April, 1893, at said county, John Barnard did, upon one Jennie Yander Bogart, a female child under the age of twelve years, feloniously make an assault, and her, the said Jennie Yander Bogart, then and there feloniously did carnally know and abuse, against,” etc. The verdict was: “ Guilty of an assault with intent to commit rape.” Motions in arrest of judgment and for a new trial were…
1Opinion of the Court
Rewman, «T.
The plaintiff in error propounds three grounds of error in the denial of the motion in arrest of judgment: (1) Because the information does not charge any offense known to the law, or as required by the statute in such case made and provided. (2) That the verdict was not rendered, received, or recorded as by law and practice of the court is provided. (3) That the record does not show that the attorney for the defendant was in court when the verdict was rendered, received, and recorded, and that said attorney was not notified to be in attendance. Only the first ground stated could…
2Cases cited2 opinions
- People v. McDonaldMichigan Supreme Court · 1861
- Harris v. Mississippi Valley & Ship Island RailroadMississippi Supreme Court · 1875
3Cited by15 opinions
- Havenor v. StateWisconsin Supreme Court · 1905
- Collier v. StateWisconsin Supreme Court · 1966
- DeGroot v. Van AkkerenWisconsin Supreme Court · 1937
- State v. HardungWashington Supreme Court · 1931
- State v. McGhueySupreme Court of Iowa · 1911
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