Legal Opinion

State v. Brown

Wisconsin Supreme Court

Decided October 4, 1910PublishedCited by 6 opinions

ERROR to review a judgment of the circuit court for Mari-nette county: S. D. Hastings, Circuit Judge. An indictment containing ten counts was returned by a grand jury impaneled in Marinette county, wherein it was. attempted to charge the defendant in error (hereinafter-called the defendant) with the commission of ten different offenses.

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ERROR to review a judgment of the circuit court for Mari-nette county: S. D. Hastings, Circuit Judge. An indictment containing ten counts was returned by a grand jury impaneled in Marinette county, wherein it was. attempted to charge the defendant in error (hereinafter-called the defendant) with the commission of ten different offenses. The first count in the indictment was as follows: “Thomas ~W. Brown, being then and there the duly elected,, qualified, and acting sheriff of Marinette county, in the state of Wisconsin, contriving and intending, knowingly and designedly by false pretenses, to…

1Opinion of the CourtBabhrs, J.

This case comes before us by virtue of sec. 4724a, Stats. (Laws of 1909, cb. 224), on a writ of error sued out to review the decision of the lower court in sustaining a demurrer to an indictment. It is the first cause brought to this court at the instance of the state to review a judgment in a criminal action since the above statute was enacted.

The defendant contends that the indictment is faulty in the following particulars: (1) In not averring that defendant obtained the money referred to in the various counts in the indictment; (2) in setting forth that the false-pretenses were made to…

2Cases cited13 opinions

  1. Cornell v. StateWisconsin Supreme Court · 1899
  2. Roberts v. PeopleSupreme Court of Colorado · 1886
  3. Bates v. StateWisconsin Supreme Court · 1905
  4. Odette v. StateWisconsin Supreme Court · 1895
  5. Connor v. StateSupreme Court of Florida · 1892

8 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Agar v. StateIndiana Supreme Court · 1911
  2. State v. StratfordIdaho Supreme Court · 1934
  3. People v. WhitesideCalifornia Court of Appeal · 1922
  4. Rosenberg v. StateWisconsin Supreme Court · 1933
  5. MacDonald v. StateNebraska Supreme Court · 1933

1 more not listed; retrieve them via the Exa API.

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