Barnum v. State
Wisconsin Supreme Court
Eeeoe to review a judgment of the circuit court for Rich-land county: R. G. Siebeoeee, Judge. The defendant was convicted of the publication of a criminal libel, and brings error. The • contention is now made that the information is insufficient to sustain the conviction, because it does not charge a publication of anything.
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Eeeoe to review a judgment of the circuit court for Rich-land county: R. G. Siebeoeee, Judge. The defendant was convicted of the publication of a criminal libel, and brings error. The • contention is now made that the information is insufficient to sustain the conviction, because it does not charge a publication of anything. That part of the information necessary to be considered upon this contention reads as follows: “On the 8th day of March, A. D. 1894, in the city of Richland Center, in said county of Richland and state of Wisconsin, the said M argued, among other things, that in…
1Opinion of the CourtWiNslow, J.
The objection to the sufficiency of the information was made for the first, time after verdict. It is too late to make an objection of this nature after verdict, if the difficulty could have been obviated by amendment had the objection been made before trial. R. S. sec. 4706; State v. Whitton, 72 Wis. 18; Sires v. State, 73 Wis. 251.
The difficulty here consists in an apparent lack of an object to the verb “publish.” It is very evident that the pleader intended to charge that the defendant published the libel which is set out, but, by an unfortunate arrangement •of words, under strict rules of…
2Cases cited2 opinions
- Sires v. StateWisconsin Supreme Court · 1888
- State v. WhittonWisconsin Supreme Court · 1888
3Cited by1 opinion
- McCummins v. StateWisconsin Supreme Court · 1907