State v. Patrick
Wisconsin Supreme Court
The defendant was iudioted in the Dodge Circuit Court, for an assault with intent to kill and murder, and was convicted.
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The defendant was iudioted in the Dodge Circuit Court, for an assault with intent to kill and murder, and was convicted. The counsel for the defendant moved in arrest of judgment, on the ground that the indictment does not charge an assault with intent to kill any particular person'. The question raised by this motion was reported to this court by the judge, who states that portion of the indictment on which the motion was founded, as follows : “ With intent in so striking and beating him, the said Jerome Wetherbee, with the club aforesaid, in and upon the head, as aforesaid, then and there,…
1Opinion of the Court
By the Court,
Crawford, J.
We believe that the *813indictment in this case is uncertain and defective. It does not charge an intent to murder any particular person.
The section of the statute under which we are informed by the report of the case, the indictment was preferred, (R. S., Chap. 133, § 32,) contains the following language : “ If any person shall assault another, with intent to murder, or to maim or disfigure his person,” <&c. ; to constitute the offence thus described, it is indispensable that the person to murder, maim, or disfigure whom the intent existed in the mind of the accused, be…
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