Legal Opinion

State v. McCarty

Wisconsin Supreme Court

Decided June 15, 1850PublishedCited by 2 opinions

CERTIFIED case from the Circuit Court for Brawn County. This matter came into this court on the certificate and report of the circuit judge holding the circuit court for Brown county, to be advised in accordance with the statute.

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CERTIFIED case from the Circuit Court for Brawn County. This matter came into this court on the certificate and report of the circuit judge holding the circuit court for Brown county, to be advised in accordance with the statute. It will be seen by the opinion of the court that the matter arose, upon a motion of the district attorney to amend the caption of an indictment found against McCarty, when the same was called for trial, which motion was granted, and McCarty was found guilty, and his sentence suspended in order to obtain the opinion of this court upon the .question raised upon the…

1Opinion of the CourtWhitoN, J.

This’case comes up on tbe report of tbe ch’-cuit judge before whom tbe cause was tried. Tbe defendant was indicted for murder.

Tbe indictment charging tbe offense commences as follows :

State oe WISCONSIN, ) Circuit Oounty of Brown, ss.:

Of October term, in the year of our Lord one thousand eight hundred and forty-nine.

“The jurors of tbe grand jury for the state of Wisconsin, inqtdring in and for tbe county of. Brown aforesaid, being duly tried, empanelled and sworn, do, upon then- said oaths, present,” etc.

After tbe defendant bad pleaded to tbe indictment, tbe district attorney moved to amend…

2Cited by2 opinions

  1. Burley v. StateNebraska Supreme Court · 1871
  2. State v. BrennanSouth Dakota Supreme Court · 1891

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