The Superior times. [volume] (Superior, Wis.) 1870-1912, 1871-05-20

ing; and words used n the statutes to define pub
lie offense need not be strictly pursued in charging
offense under such statutes, but other words con-
veying the same meaning may be used.
| Sec. 81. In pleading Judgment or other deter
mnat1on OF, or proceedings before any court or Off
GER, the facts conferrng jurisdiction need not be
stated; but it shall be sufficient to state that the
| Judgment or determination was duly rendered or
made or the proceedings duly had before such court
officer, but the facts comforting jurisdiction must
be established on the trial.
Sec. %. In pleading private statute, or right
derived therefrom il shall be sufficient to refer to
the statute by its title and the date of its approval
Sec. %. In case of the loss or destruction of an
information. the district attorney may file in court
another information and the prosecution shall pro-
coed and trial be hadwithout delay from that cause
In of the loss or destruction of an Indictment
the court, upon suggestion of the fact, may order
another to be found or an information to be fled
as 1t deems proper.
Sec. "a. When it appears, at any time before yer
dict or Judgment, tina, a mistake has been made in
charging the proper ofense the defendant shall not
be discharged if there appears to be good cause to
detain him in custody put the court may recognize
him to answer to the ofanse and, if necessary rec
ognize the witnesses to sppear and testify
Sec. rs. In an indictment or information for the
larceny of any animal, Or for any other public of
Tense committed in reference to any animal it shall
be sufficient to describe the animal by such names
as, in the common understanding, embraces it,with-
out designating the se,.
Sec. 26. In an Indictment or information for an
offense committed in relation to property 1T shall be
sufficient to state the OF any one or the names
Of several Joint owners.
Sec. %. Whenever the plea of misnomer is plead
ed to an Indictment Information, the court may
forthwith cause the Indictment or information to be
amended in that respect, and call upon the parties
to plead thereto as though no such plea had bsen
pleaded.
Sec. 80. No indictment information process re-
turn or other proceeding in d criminal case in the
courts or course of us1ce, shall be abated quashed
| orrevetsed Tor any error or mistake where the per-
son and the case may le rightly understood by the
court, and the court may, on motion, order an
amendment curing stch defect
OF GRAND JURIEs.
Sec. 81. Grand tlries shall not hereafter be
drawn, summoned 4 required to attend at the sit
tings Of any court within this etete provided by
writing under his hand, and filed with the clerk of
said court. Such drder 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 givea them.
PLEAS GUILTY.
Sec. 81. Whenever any person committed for trial
and in actual Commitment for an offense for which
the highest penalty provided by law shall not exceed
five years imprisonment shall request of the dis
trict attorney and county 'udpe OF the county in
which the ofenyewas committed to be arraigned
upon such charle before the county court before
the sitting OF the court having jurisdiction to try
the same shall be the duty of the district attorney
upon the receipt Of such request to file an informa
ton against the prisoner upon such charge, within
five days thereafter in the office OF the clerk of tn
court having trial jurisdiction and deliver copy
thereof to the prisoner Such REQUEST shall be IN
OF the sheriff 1ndersherf tailor whoshall sign the
same as atestng witness, and shall forthwith be de-
nvered to the clerk OF the proper court immedi-
shall make two certified copies thereof, of
which the sheriff shall forthwith serve uDOh the dis
trict attorney and the ether upon the county judge.
Sec. il, The county Judge upon receiving such
request shall 4 once Issue order fixing time for
such afrafennent, and stating the place wheTo the
same will be had which time shall be no. lees than
six days afteI the receipt by him of such request
The sheriff shall serve copy of such order uppn
the district attorney the prisoners coinsel, If he
have any, and if the prisoner is a MINOR, on the
nearest relative Of the prisoner, il any there be
known to the sheriff residing In the county, at least
three days before the time fixed for such arrange
ment.
Sec. "a. At the time fixed for such arraignment
the sheriff jailor shall produce the prisoner be
fore the county Judge at the usual court room of the
county court. 1t shall be the duty Of The sheriff
district attorney and clerh CT the court having trial
jurisdiction, TO attend upon such Arrangement. The
clerk shall act as cleEk of the county oour. in the
proceeding, and shall exhibit the information and
the evidence taken before the examining magistrate
ii such examination has been had, to the county
judge, who shall examine the same. If preliminary
examination has been waived by the prisoner, the
county judge shall inquire into the nature ef ne
case and may examine witnesses, II necessary, to
enable him TO Judge Of The. proper amount of pun,
ishmept 70 be inflicted. The county: judge shall
cause due proof to be filed with the cierG OF the
proper service of such request ind order herein
required. The prisoner shall then, in open court
6e arraigned. The county judge or district attor-
effense charged in the information and the penalty
provided therefor by law
Sec. IS. If upon such explanation the prisoner
refuses to plead plead not guilty euch refusal Oh
plea shall he entered Oh the minutes and the pris.
cner re1nshded 70 jail to await his trial If he plead
efy 70 me information, the county judge shall
oelve me plea shall pass sentence and render tud5
mept thereon IN the same manner ald with like eff
Ine IL tnea bs hean made in the court hay
m1ent, either by fine or imprisonment, or BOTH as
the nature of the may require: but such pun.
lshment shall in no case be less no. greater than
the penalty fixed b. Jaw Tor the offense charged
such request, information, plea, sentence, judg-
ient, and the minutes all the PROCEEDINGS shall
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 if the ar
ralgnment had been bad in the court having trial
Jurisdiction and the clerk shall also keep similar
record thereof in the same form, in his Office in a
| book to be kept for that purpose
Sec. SO. Such sentence shall be certified by the
clerk from his record thereof delivered and execut-
ed IN the same manner if passed by the court
having trial jurisdiction.
Sec. 81. When any person shall be committed for
trlal, and IN actual confinement, jail by virtue
OF any Indictment or information pending against
him, the court having trial Jurisdiction NAV at any
law or special term thereof, upon the application Of
the prisoner in writing stating that he desires TO
plead guilty to the charge made against him by the
complaint, indictment information direct an in
| formation to be filed, If indictment information
has not been filed, and upon the filing thereof and
OF such application, may receive and record a plea
OF guilty, and award sentence THEREON.
AMENDMENTS STATUTES.
/ Sec 49, Section seven of chapter one hundred
| and eighteen of the revised statutes is hereby
amended so as to read follows: "Section T. On re
ceving such lists the clerk of the circuit court shall
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, 60 that the
name written thereon shall rot be visible and shall
deposit such pieces OF paper in a box, from which
they snail be drawn as hereinafter provided. And
! when ordered by the Judge as provided by law to
draw grand jury, he shall in like manner write the
names of the persons contained on the grand Jury
list on separate pieces, and deposit such pieces in
| box to be drawn as hereinafter provided"
Sec. 80. Section of said chapter one hundred
ana eighteen Is hereby amended so read fol
lows " Section 8. At least fifteen DAYS before the
sitting of any court the clerk of the court in the
presence OF the sher1f or under-sherif and JUS
tce OF the peace shall proceed to draw the names of
thlrty-slx persons from the box containing the
names of petit jurors, to serve as petit Jurors at
such court. And when ordered by the court to
draw grand jury, he shall in like manner and be-
lore like witnesses proceed to draw the names of
seventeen persons from the box 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 9. The clerk of the circuit
court SHALL twelve days at least before the first day
OF the court issue and deliver to the sheriff or under
sheriff of said county, venire for the petit Jury
under the seal of the court commanding him to
summon the persons drawn as jurors TO appear
before the said court, at before the hour of II
O'CLOCK a. M, on the first day of the term thereof to
serve as petit jurors And when ordered to draw
grand jury as provided by law, he shall in like man.
ner ISSUE and deliver venire commanding the
sheriff or under-sheriff to summon the persons SO
draWn as 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 to read as
1oo"s: Section 10. At least twelve days notice of
such drawing of the petit jury shall be given by |
mn 1ich he in