Benedict v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Portage County. Indictment for murder. The caption of the indictment was as follows: “State of Wisconsin, County of Portage, ss.
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ERROR to the Circuit Court for Portage County. Indictment for murder. The caption of the indictment was as follows: “State of Wisconsin, County of Portage, ss. At a term of the circuit court for the county of Portage, in the State of Wisconsin, begun and held at the court house in the village of Plover, in the county of Portage aforesaid, on the second Monday, in the month of May, in the year of our Lord one thousand eight hundred and fifty eight, before the Hon. Geobge W. Cate, judge of the seventh judicial circuit in the State of Wisconsin, the jurors for the grand jury for the State of…
1Opinion of the Court
By the Court,
Dixon, C. J.
Tbe objection taken by tbe counsel for tbe plaintiff in error to tbe caption, or formal statement, describing tbe court before wbicb, and tbe grand jurors by wliom, tbe indictment in this case was found, are clearly untenable. Tbe caption is in tbe usual form, and contains as full and accurate recitals of tbe preliminary steps or proceedings up to, and including tbe time tbe plaintiff was actually charged with tbe offense, as are commonly found in such instruments. It sufficiently appears before what court tbe prisoner was charged, and that tbe indictment was…
2Cases cited1 opinion
- Fitzgerald v. StateWisconsin Supreme Court · 1856
3Cited by11 opinions
- McDonald v. StateWisconsin Supreme Court · 1891
- Dodge v. PeopleNebraska Supreme Court · 1876
- Luitze v. StateWisconsin Supreme Court · 1931
- McCormick v. StateNebraska Supreme Court · 1904
- Rhea v. United StatesSupreme Court of Oklahoma · 1897
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