Grubb v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Grant county. Indictment for arson. The second count, .after the formal part, was-as follows: “That the said Newton Jasper Grubb, late of the said county of Grant, heretofore, to-wit, on the twelfth day of February, in the year of our Lord one thous- and eight hundred and sixty-one, in the 'county of Grant aforesaid, a certain barn of one Jared Bishop, there situate, feloniously, willfully and maliciously did set fire to, and the said barn then…
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ERROR to the Circuit Court for Grant county. Indictment for arson. The second count, .after the formal part, was-as follows: “That the said Newton Jasper Grubb, late of the said county of Grant, heretofore, to-wit, on the twelfth day of February, in the year of our Lord one thous- and eight hundred and sixty-one, in the 'county of Grant aforesaid, a certain barn of one Jared Bishop, there situate, feloniously, willfully and maliciously did set fire to, and the said barn then and there by said firing as aforesaid, felon-iously, wilfully and maliciously did burn, against the form of the statute…
1Opinion of the Court
By the Court,
Cole, J.
The plaintiff in error was indicted at the March term of the circuit court for Grant county for the crime of arson, tried and convicted. After verdict he moved for a new trial, upon the ground that the verdict was contrary to law and the evidence given on the trial. This motion being denied, he moved in arrest of judgment, for the reason, 1st, that the indictment was not found by a grand jury of good and lawful men; and 2d, that the count in the indictment under which he had been found guilty, was insufficient in law.
The objection taken to the grand jury was, that two of…
2Cases cited1 opinion
- Byrne v. StateWisconsin Supreme Court · 1860
3Cited by1 opinion
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1889