State v. Fee
Wisconsin Supreme Court
CERTIFIED from the Circuit Court for Grant County. as to the sufficiency of the indictment rmder sec. 35, ch. 164, R. S., cited Wharton’s Precedents, No. 245, p. 186; People v. Pettit, 3 Johns., 511; People v. Borges, 6 Abb., 137 ; 3 Abb. Dig., 335 ; Wüso.n v. Biate, 1 Wis., 184.
1Opinion of the Court
By the Court,
Downer, J.
This case is certified to this court under the provisions of chapter 180 of the Revised Statutes.
The first question presented is, whether the count in the indictment on which the defendant was convicted, charges him with a crime known to our laws. It charges him with an assault ’■’■with an intent to murder," in the language of sec. 35, ch. 164, R. S., but omits the words “ of his malice aforethought,” usually inserted in such indictments. In indictments for murder, as a conclusion from the facts averred, it must be stated that so the defendant feloniously, of his malice…
2Cited by12 opinions
- In re CarlsonWisconsin Supreme Court · 1922
- Perugi v. StateWisconsin Supreme Court · 1899
- Martin v. StateWisconsin Supreme Court · 1891
- Terrill v. StateWisconsin Supreme Court · 1897
- Scott v. StateWisconsin Supreme Court · 1933
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