Legal Opinion

Seiler v. State

Wisconsin Supreme Court

Decided November 29, 1901PublishedCited by 13 opinions

Error to review a judgment of tbe circuit court for Dunn county: E. W. Helms, Circuit Judge. The writ issued to review a conviction of the offense of fornication. The information contained two counts, one for rape and one for fornication with a sane female of previous chaste character under the age of eighteen years.

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Error to review a judgment of tbe circuit court for Dunn county: E. W. Helms, Circuit Judge. The writ issued to review a conviction of the offense of fornication. The information contained two counts, one for rape and one for fornication with a sane female of previous chaste character under the age of eighteen years. Upon the trial the charge of rape was withdrawn by the district attorney by oral notice to the court and its permission; but it was not formally stricken from the information, though the court submitted to the jury only the charge of fornication. The evidence is undisputed that…

1Opinion of the CourtMarshall, J.

The first proposition submitted by counsel for the plaintiff in error, the truth of which they seek to demonstrate, is that the circuit court had no jurisdiction to sentence the accused or do anything in the case after the return of the record to that court. In support thereof our attention is called to the following sections of the Statutes of 1898:

‘ SbctioN 4720. Any person who shall be convicted of an offense before the circuit court, being aggrieved by any opinion, direction or judgment of the court in any matter of law, may allege exceptions to such opinion, direction or judgment, which…

2Cases cited8 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
  3. Attorney-General v. BlossomWisconsin Supreme Court · 1853
  4. Klein v. ValeriusWisconsin Supreme Court · 1894
  5. Hubbell v. McCourtWisconsin Supreme Court · 1878

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3Cited by13 opinions

  1. In Re Hon. Charles E. KadingWisconsin Supreme Court · 1975
  2. In re Constitutionality of Statute Empowering Supreme Court to Promulgate Rules Regulating Pleading, Practice, & Procedure in Judicial ProceedingsWisconsin Supreme Court · 1931
  3. Salchert v. ReinigWisconsin Supreme Court · 1908
  4. Kristi Koschkee v. Tony EversWisconsin Supreme Court · 2018
  5. State ex rel. T. L. Smith Co. v. Superior Court of Dane CountyWisconsin Supreme Court · 1920

8 more not listed; retrieve them via the Exa API.

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