Steuer v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Grant County. The case is thus stated by Mr. Justice Taylok: “The plaintiff in error was arrested upon a complaint made in a justice’s court. . The complaint was intended to charge the accused with a violation of the provisions of sec. 4398, R. S. 1878, which reads as follows: ‘Any person who shall assault another, when not' excusable or justifiable, or who shall use in reference to and in the presence of another, or in reference to and in…
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ERROR to the Circuit Court for Grant County. The case is thus stated by Mr. Justice Taylok: “The plaintiff in error was arrested upon a complaint made in a justice’s court. . The complaint was intended to charge the accused with a violation of the provisions of sec. 4398, R. S. 1878, which reads as follows: ‘Any person who shall assault another, when not' excusable or justifiable, or who shall use in reference to and in the presence of another, or in reference to and in presence of any member of his family, abusive or obscene language, intended or naturally tending to provoke an assault or…
1Opinion of the CourtTaylor, J.
We are clearly of the opinion that the complaint was insufficient under the statute, and that the motion of the defendant to dismiss the same and the prosecution, for that cause, should have been granted by the court, or, if not granted, the court should have ordered the complaint amended so as to set out the language used by the defendant, which it is alleged was abusive, etc. It is not urged by the attorney general that the complaint is sufficient in form, but it is claimed that, as the defendant had pleaded not guilty in the justice court and gone to trial upon that issue in that court…
2Cases cited5 opinions
- State v. CrowleyWisconsin Supreme Court · 1876
- State v. GreenWisconsin Supreme Court · 1859
- Bonneville v. StateWisconsin Supreme Court · 1882
- State v. HaasWisconsin Supreme Court · 1881
- State v. TallWisconsin Supreme Court · 1883
3Cited by17 opinions
- Brown v. StateWisconsin Supreme Court · 1906
- Davis v. StateWisconsin Supreme Court · 1908
- Spears v. StateMississippi Supreme Court · 1965
- Spoo v. StateWisconsin Supreme Court · 1935
- Gelzenleuchter v. NiemeyerWisconsin Supreme Court · 1885
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