Porath v. State
Wisconsin Supreme Court
EeeoR to review a judgment of the circuit court for Brown county: S. D. Hastings, Je., Circuit Judge. The plaintiff in error was tried upon an information containing two counts: Eirst, for rape committed upon his daughter Ida Porath, July 10, 1891; and the second for incest committed with her on the same date; they not being lawfully married to each other, and the defendant then having a lawful wife, Erederica Porath, still alive, and the said Ida being then and there the…
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EeeoR to review a judgment of the circuit court for Brown county: S. D. Hastings, Je., Circuit Judge. The plaintiff in error was tried upon an information containing two counts: Eirst, for rape committed upon his daughter Ida Porath, July 10, 1891; and the second for incest committed with her on the same date; they not being lawfully married to each other, and the defendant then having a lawful wife, Erederica Porath, still alive, and the said Ida being then and there the daughter of the said defendant and his said wife Erederica. The defendant pleaded in abatement of the first count that he…
1Opinion of the CourtPinney, J.
1. The plea in abatement to the first count of the information was properly overruled. It appeared that both counts were founded upon the same transaction, and were introduced, to meet the legal aspects of the evidence as it might be produced at the trial, and in order that the defendant might not escape conviction of any offense which it might be found the defendant had committed by the *534single transaction in question. The statute (sec. 4653, S. & B. Ann. Stats.) makes it the duty of the district attorney to inquire into and make full examination “of all facts and circumstances connected with…
2Cases cited17 opinions
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
- Proper v. StateWisconsin Supreme Court · 1893
- Commonwealth v. DeanMassachusetts Supreme Judicial Court · 1872
- Knoll v. StateWisconsin Supreme Court · 1882
- State v. LeichamWisconsin Supreme Court · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Lovely v. United StatesCourt of Appeals for the Fourth Circuit · 1948
- Brasher v. StateSupreme Court of Alabama · 1947
- Sparkman v. StateWisconsin Supreme Court · 1965
- People v. BirdCalifornia Supreme Court · 1931
- People v. StrattonCalifornia Supreme Court · 1904
41 more not listed; retrieve them via the Exa API.