Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1871-05-10


7 ated by any statute, the punishment of such of
tense lie h"on declared by any statute, the indct
iel pt Information stan after verdict, be hed SUI
helent to warrant the punishment Prescribed by tn
statute II describe the ofense in the words Of III
statute or III words of substantially the same mean
n ing; and words used in the statutes to define pub
ic oense need not be strictly pursued in charging
ofense Under such statutes, but other words con
veylng the same meaning mey be used.
4 Sec-2l. In pleading Judgment or other deter
fnation or or proceedings before any court OF or
Ger, the ieets comforting jurisdiction need not bt
stated; but it shall be sufficient to state that tht
I judgment determination was duly fc1iaefed o.
made, or the proceedings duly had before such couf
officer, but the facts comforting jurisdiction mus
te established on the trial
Sec. u. IN pleading private statute or a right
derived therefrom, 1t ska, be sufficient to refer to
the statute by its title and the date Of rs approval
Sec. %. In case of the loss destruction cf eu
information the district attorney may file in court
another information, and the prosecution shall pro-
eeed and trial be had without delay from that cause.
In case q the loss or destruction of indictment,
the court; upon suggestion of the fact, may order
another tg be found, or an information to be filed,
as i deeEss proper
Sec "a Wien Ii apreafs. IT aily time before yer
dict or judgment that mistake has baen Thsde IN
charging the proper offense the defendant shall not
be discharged if there appears to be good to
detain him in custody, but the court may recognize
him to answer to the oense, and if necessary,
ognize the witnesses to appear and testify.
Sec, 3d., In an indictment information for the
atcety of any .iinna OF for any other public Of
fense committed IN references to any animal it shall
be sufficient to describe the animal 81 such names
as, in the common understanding, embraces t,wth-
out designating the sex.
/ Sec 26 In an Indictment or information for an
oense committed in relation to property it shall be
sufficient tp sate the name of any one or the names
of several joint 5wfi6rs.
Sec. 29 Whenever the plea of riisnolner is plead
ed TO ali ld1cnent or information, the court may
forthwith cause the Indictment or, formation to be
amended in that respect, and call upon The Parties
to plead thereto as though no such plea had been
pleaded.
Sec go No Indictment information, process, re-
J
courts ooufas Of Justice, shall be abated, quashed
or reversed for any error nistsFe where the per-
son and the case may be rightly understood ~ the
court, and the court may, motion, order an
amendment curing such defect
GRAND JURIEs.
/ Sec. 81. Grand 3urtes shall net hereafter be
drawn HunIGoRad or teduifed To- attend at the sit
tings OF any court hin this state as provided by
law, unless the judge thereof shan 90 difeet by
writing under his hand, and filed with the Clerk Of
said court Such order shall specify the time at
which such grand jury shall appear before the
court and the number of days notice or summons
which shall be given them
. Or Pleas OF GUILTY.
Sec ST. y, heIeyer any person committed for trial
and i'll actal B 0tfenss for which
the highest penalty provided y faw shai not exceed
five years imprisonment, shall request OF the dis
trict attorney and county judge of the county in
which the offense was committed to be arraigned |
upon such charge before the county court, before
the sitting of the court having jurisdiction to try
the e It shall be the duty of the district attorney,
upon the receipt Q, Fitch vssuest to file an informa
ton against the prisoner upon s}tf charge, within
five days thereafter in the Office of the clerk OF The
court having trial jurisdiction and deliver copy
thereof to the prisoner Such request shall be in
writing subscribed by the prisoner III the presence
of the sheriff under-sherf jailor, ,whoshal sign the
attestng witness, and shall forthwith be de-
ivered to the clerk of the proper court Immed1- |
ately upon receiving and filing the same, the clerk
shall make two certified copies thereof one OF |
witch the sheriff shall forthwith serve upon the dis
trct attorney aid the other upon the county judge
Sec. 33. The county Judge upon receiving such
request shall at once issue an order ftxi1s time Tor
such alraisnment, end statlng ths pace wnere the
same will be had which time shall be no. less than
six days after the receipt by him OF such request
The sheriff shah serve copy OF such order upon /
the district attorney, the prisoners counsel ne
nearest relative of the prisoner If any there be
nFa TO the sheriff residing in the county, at least
three (avs before the time fixed for such arrange
sen; 81 At the time liked for such, ti@sssr'fent.
the shern o. sIi,c" shall producer the prisoner pe
fore the county judge at .ie t", eouIt T2oinp te
county court 1t shall be the duty OF tio stferIn;
district attorney and clerk of the court having tra
Jurisdiction, to attend upon such arrangement. Inc
clerk shall "csss clerk of the county court IN ad .n9
the evidence taken befolo t9c eIahnins Tyagisrae,
if such examination mas boon had . ths county /
Judge, who shall examine the same Ii preliminary
Sx-y,tnation has been waived by the prisoner, the
county judse s,.su inquire into the nature OF the
case and Tiay exafls witnesses, if necessary, to
enpbie him to judee Of the propef si,EHnt of pun
ishment s. 5s ftsftcfed Ihe county JUDGE snS1
cause due proof to be feG ~th fne c1fIh,a Of the
proper service Of such request and nus order heren
required The prisoner shall then, in open court,
be arraigned The county judge or district attor-
ney shall fully explain to him the exact nature OF the
effe1se charged II the information, and the penalty
Sec. 35. If upon such explanation he~Irls2per \
refuses to plead, plead not guilty, such refusal OF
pIea shall be entered on the minutes and the prls-
oner remanded to Jail to await his trial II ne plead
guilty to the information the county judge sha re-
ceive the plea, shall pass sentence and render Juog
ment tlsefeoh III the same manner and with IKE Ell
feet as il such plea had been made III the court hay
ing trial jurisdiction, and shaH tnfliet huqn PUNISH
ment either by fine or impr1sohn6nt, o. both, as
che nature of the may require; but such pun
ishment shall in no case be less nor greater than
the penalty fixed by law for the ofense charged.
Such request, information, plea, sentence, Judg-
ment and the minutes OF all the proceedings snail
be entered and recorded in book to be kept for
that purpose in the county court, in the same man
ner and substantially the same form as if the ar
raignment had been had in the couft Having trial
jurisdiction, and the clerk shall also Keep similar
record thereof, in the form, in his office, IN
book kto be kept for that purpose.
Sec Sc. Such sentence shall be certified by the
clerk from his record thereof delivered and execut-
ed in the same manner as if passed by the court
having trial jurisdiction.
Sec. 81. When any person shall be committed Tor
trial and in actual confinement, or in jail by virtue
of any indictment or information pending against
him, the court having trial jurisdiction may, at any
law or special term thereof upon the application OF
the prisoner in writing stating that he desires 10
plead guilty to the charge made against -hlm by tne
complaint indictment information, direct an IN
formation to be filed, if indictment or information
has not been filed, and upon the filing thereon, ana
of such application, may receive and record plea
| OF guilty, and award sentence thereon.
AMENDMENTS STATUTES.
! Sec SO. Section seven of chapter one hundred
| and eighteen of the revised statutes is hereby
amended so to read as follows: Section 7. On re
cevng such lists the clerk of the circuit court shal
| write the names of the persons contained in the
petit jury list separate pieces of paper, each IN
| the same manner as near as may be, so that the
name written thereon shall not be visible and shall
| ,fcJtnh hpinra nf NAM in,
/ they shall be drawn as hereinafter provided. Ana
when ordered by the judge, as provided by law, to
draw grand jury, ne shall in like manner write the
names of the persons contained on the grand jury
list separate pieces, and deposit such pieces ID
box, to be drawn as hereinafter provided"
Sec 49, Section of said chapter hundred
and eighteen is hereby amended to read as fol-
lows: "Secion 8. All least fifteen days before the
sitting of any court, the clerk of the court in the
presence of the sheriff or under-sherif, and JUS
ce of the peace shall proceed to draw the names OF
| thirty-six persons from. the box containing the
of petit jurors, to serve Us petit jurors at
| such court, And when ordered by the court to
draw a grand jury he shall in like manner and be-
fore Like witnesses, proceed to draw the names OF
| seventeen persons from theebox containing the
names of the grand jurors to serve grand jurors
of said court'
Sec. 40. Section nine of said chapter one hun
dred and eighteen is hereby so amended as to read
as follows: 'Section Q. The clerk of the circuit
court sha tw9lve days at least before the first day
of the court issue and deliver to the sheriff on under
sheriff of said county, yenire for the petit jury,
under the seal of the court commanding him to
summon the persons drawn jurors to appear
before the said court, at before the hour of IL
O'Clock m the first day of the term thereof, to
serve petit jurors. And when ordered to draw a
grand jury provided by law, he shall in like man
ner issue and deliver a vcnire, commanding the
sheriff or under-sheriff to summon the persons 50
drawn grand jurors to appear before the said
court at the time specified in the order of the
judge"
Sec. Al. Section ten of said chapter one hundred
and eighteen is hereby amended as to read as
follows 'SectioD TO- At least twelve days notice OF
such drawing of the petit jury shall be given by
such clerk, by publishing the same in newspaper
of the county, If there be any, and If not by afx-
3 ing such notice on the outer door of the house
where the court for which such jury is drawn is
about to be held"
Sec. AZ. Section eleven of said chapter one hun
t dred and eighteen is hereby amended as to read
as follows Section IL. The sheriff or under-sherln
shall summon the persons named in such Yellres te
attend such court grand petit jurors, as the
case may be, by giving personal notice to each per
Y son. or by leaving written notice at his place OF
s residence, with some person OF proper age. he
shall return such venires to the court at the opening
thereof, specify ing those who We're summoned, ane
the manner in which such persons were notlhed
Petit jurors shall be summoned at least four days
before the sitting of the court; grand jurors shai