Hess v. State
Wisconsin Supreme Court
Error to review a judgment of the county court of Trempealeau county: E. F. Hensel, Judge. May 26, 1919, upon complaint in writing before a justice of the peace for said county, the plaintiff in error, hereinafter designated as the defendant, was charged with having on August 24, 1918, in said county had unlawful sexual intercourse with one H. Upon preliminary examination he was bound over for. trial.
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Error to review a judgment of the county court of Trempealeau county: E. F. Hensel, Judge. May 26, 1919, upon complaint in writing before a justice of the peace for said county, the plaintiff in error, hereinafter designated as the defendant, was charged with having on August 24, 1918, in said county had unlawful sexual intercourse with one H. Upon preliminary examination he was bound over for. trial. December 10, 1919, an information was filed charging the crime of adultery with said PI. on said August 24, 1918. The case was subsequently sent to the county court. "Just prior to the…
1Opinion of the Court
The following opinion was filed March 8, 1921:
Eschweiler, J.
By sec. 4576, Stats., providing a penalty for the crime of adultery, it is also provided that no prosecution shall be had unless commenced within one year from the date of the alleged offense.. Defendant contends that the amendment to the information whereby the commission of the alleged offense was charged to be on August 31st instead of August 24, 1918, in effect amounts to charging him with the commission of a separate and distinct offense than that upon which he had been originally brought into court. That as to the alleged…
2Cases cited4 opinions
- Boldt v. StateWisconsin Supreme Court · 1888
- Fossdahl v. StateWisconsin Supreme Court · 1895
- Schultz v. StateWisconsin Supreme Court · 1908
- Robinson v. StateWisconsin Supreme Court · 1910
3Cited by10 opinions
- Thomas v. StateWisconsin Supreme Court · 1979
- State v. DudaWisconsin Supreme Court · 1973
- State v. JacksonWisconsin Supreme Court · 1935
- Eastway v. StateWisconsin Supreme Court · 1926
- State v. Shaun M. SandersWisconsin Supreme Court · 2018
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