Gustavenson v. State
Wyoming Supreme Court
Error to the District Court, Albany County, Hon. Charles W. Bramel, Judge. Alfred Gustavenson, having been convicted of murder in the second degree, prosecuted error. The facts are stated in the briefs and opinion. The verification to the information cannot be dispensed with, and without the seal of the officer the effect is the same as no verification, and the defect is jurisdictional.
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Error to the District Court, Albany County, Hon. Charles W. Bramel, Judge. Alfred Gustavenson, having been convicted of murder in the second degree, prosecuted error. The facts are stated in the briefs and opinion. The verification to the information cannot be dispensed with, and without the seal of the officer the effect is the same as no verification, and the defect is jurisdictional. (R. S., Secs. 5268, 4295, 3303, 3429; Starr v. U. S., 153 U. S., 614; Rosenstein v. State, 9 Ind. App., 290; Robertson v. State, 25 Tex. App., 529; Mican v. State (Tex.), 19 S. W., 762; Gates v. People, 11…
1Opinion of the Court
Corn, Justice.
The plaintiff in error was convicted of the crime of murder in the second degree and sentenced to the penitentiary for a term of twenty years. Numerous errors are assigned.
i. ' The information was verified by the prosecuting attorney before tlie Clerk of the District Court, who failed to attach the seal of the court to his jurat. No objection was made to the information at .the trial on account of this omission, but it is claimed that the error is jurisdictional and may be taken advantage of at any time.
Unless some constitutional right was denied to the defendant, by reason of…
2Cases cited8 opinions
- Hopt v. PeopleSupreme Court of the United States · 1882
- Washburn v. PeopleMichigan Supreme Court · 1862
- The People v. . RogersNew York Court of Appeals · 1858
- State v. JohnsonSupreme Court of Connecticut · 1873
- Wilkins v. StateSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Crozier v. StateWyoming Supreme Court · 1986
- Goodman v. StateWyoming Supreme Court · 1977
- Dodge v. StateWyoming Supreme Court · 1977
- Armijo v. StateWyoming Supreme Court · 1984
- Carfield v. StateWyoming Supreme Court · 1982
18 more not listed; retrieve them via the Exa API.