Legal Opinion

State v. Whitton

Wisconsin Supreme Court

Decided May 12, 1888PublishedCited by 5 opinions

REPORTED from the Municipal Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The defendant was tried and convicted in the municipal court of Milwaukee county upon the following information, viz., after the title of the case: “I, J. W. Wegner, district attorney for said county, hereby inform the court that on the third day of September, in the year one thousand eight hundred and eighty seven, at the…

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REPORTED from the Municipal Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The defendant was tried and convicted in the municipal court of Milwaukee county upon the following information, viz., after the title of the case: “I, J. W. Wegner, district attorney for said county, hereby inform the court that on the third day of September, in the year one thousand eight hundred and eighty seven, at the said county, the said defendant, Richard 'Whitton, feloniously did buy, receive, conceal, and have, and did then and there…

1Opinion of the CourtTaylor, J.

There can be no doubt but that the district attorney intended to inform against the defendant for the crime of receiving stolen property as defined by sec. 4117, R. S. 1878. There is certainly enough stated in the information to inform both the defendant and the court of the intention of the district attorney in that respect. That being admitted, can it be said that the defendant has been, or can be, prejudiced by the lack of definiteness in the information, after having a fair trial upon the merits of the charge as intended to be made by the prosecuting attorney ? We certainly think he has…

2Cases cited4 opinions

  1. State v. WelchWisconsin Supreme Court · 1875
  2. Steuer v. StateWisconsin Supreme Court · 1884
  3. Bonneville v. StateWisconsin Supreme Court · 1882
  4. State v. LyonWisconsin Supreme Court · 1863

3Cited by5 opinions

  1. Price v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. McCummins v. StateWisconsin Supreme Court · 1907
  3. State v. MuellerWisconsin Supreme Court · 1893
  4. State v. KnightWisconsin Supreme Court · 1903
  5. Barnum v. StateWisconsin Supreme Court · 1896

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