Waltzer v. State
Wisconsin Supreme Court
This was a criminal prosecution against the plaintiffs in error, before a justice of the peace for Dane county, for an assault and battery. The warrant was returned by the constable, with John Waltzer, Jun., and Martin Waltzer in custody, and "not found,” as to John Waltzer, Sen.
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This was a criminal prosecution against the plaintiffs in error, before a justice of the peace for Dane county, for an assault and battery. The warrant was returned by the constable, with John Waltzer, Jun., and Martin Waltzer in custody, and "not found,” as to John Waltzer, Sen. The parties pleaded not guilty, and were tried separately by the j ustice, convicted and fined, one thirty dollars and costs, and the other fifteen dollars and costs, from which they ap. pealed to the Circuit Court. Afterwards the justice issued a warrant for John Waltzer, Sen., who was arrested and brought before…
1Opinion of the Court
*786 JBy the Gowrt,
Smith, J.
It is unnecessary to notice. all the errors assigned in this case, as the form of the juc¡gment Is fatal. This was a criminal prosecution, ancj even admitting that all of the defendants could he, and were properly tried jointly, the punishment should have been several, Bach should have been sentenced to pay a fine, according to the nature and aggravation of his offence. Every individual is answerable for his conduct to the State. The guilt of one is neither mitigated nor enhanced, from the fact that another may be also guilty. 2 Hawk. Pl. C. 635, (lib. ed.;) 1 Dana,…
2Cases cited2 opinions
- Vance v. Campbell's HeirsCourt of Appeals of Kentucky · 1833
- State v. HopkinsIndiana Supreme Court · 1845
3Cited by2 opinions
- Gathings v. StateMississippi Supreme Court · 1870
- Meadowcroft v. PeopleIllinois Supreme Court · 1896