Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1871-05-10
LAWS OF WISCONSIN.
Passed at the Session ofy57I
Published March 81, 1911

information, and to. make the general laws OF Il
state applicable Thereto
REFERENCES TO AMENDMENTS.
Sections T. s, 9, 10, Il, df charter 11s. res-se
statutes.
All of chapter 1T, revised statutes
Sections l. 2, 8, chapter 1T8, revised statutes.
Sections l, g. Z, 9, 10, II, 49, chapter 179 revise
statutes. -,,,s
Section 6, chapter 1so, revised statutes.
/ Section 2, chapter ISL, revised statutes.
Sections l. g. T. 5, 6, chapter 1853, revised statute:
Section 7, chapter 164 revised statutes.
Sections 5, 7, chapter ITO revised statutes.
Sections ., 8, 81 10, -, chapter 172, revised stat
| utes.
Sections IS and 81, chapter lf6, REVISED statutes
/ eSectons l. 2. chapter 222, general laws, 1869.
The people Of the state Of Wisconsin represented
senate aiid sssen,bly, do enact as follows;
Section l. The several courts of .tif state eha
possess and may exercise the same power and jur1s
dicton to hear try and determine prosecutions upo
information for crimes, misdemeanors and offepses
to issue writs and process, and do all other act
therein they possess and may exercise in cases o
like prosecution upon indictmenfa
/ Sec, 2. All informations shall be flsd during
term III the court having jurisdiction of the offence
| specified therein, except as hetetrafter provided
by the district attorney of the proper county as III
formant, and he shall subscribe his name thereto.
| Sec. 3. The offence charged in any Information
shall be stated in plain, concise language, withou
protxity or unnecessary repetition. Different often
ces and different degrees of the same offences, may
be Joined in information, in all cases Whefe tbs
same might be Joined by different counts in ons
Indictment and in all cases the defendant or defend
therein as he they would have if prosecuted fo1
the same otfense upon Indictment
Sec. L. All provisions of law applying to prosecu-
tots tircn indictments to wrts and process there
in and the ssurg and Service thereof, to motions,
peadngs, trials and punishments, or ehS tasstns OF
execution of any sentence and to all other proceed
ngs in cases of indictment, whether in the court of
original or appellate Jurisdiction SHALL to the same
extent and in the same manner as near as may be,
apply to nfornstions and all prosecutions and pro-
Sec. 5. ANY rersor wf;o may according to law,
be committed to Jail, or become recognized or held
to ball. with sureties for his appearance in court to
committed to Jail or become recognizable and
held to bail for his appearance to answer to any In
formation or indictment, as the may be.
Sec, 6. It shall be the duty of the district attor
ney of theproper county; to inquire into and make
full examination of all the facts and .citcufn-
stances connected with any o9se Of preliminary
examination, as provided by law, touching
offender shall be committed to jail, or be-
come recognized held to bail and if the district
attorney shall determine in any such case that an
information ought not to be filed, he shall make,
subscribe and file with ths ciefk of the court state
ment in writing, containing his reasons ID 1Tet end
in law for not fling information in such case;
such statement shall be filed at and during the term
of the couit t which the offender shall be held for
appearance prOuided, that III sIch case the court
NAV examine such statement, together with the 6vi
dence filed in tie case and it, upon such examination,
the court shall not be satisfied with such statement
the district attorney shall be directed by the court
to file the proper information and bring the case to
bfiat.
person for any ofense until such person shall have
had preliminary examination, as provided by law
before iustaca OF the Deacs ob other examining
magistrate officer, unless suoH person shatl ave
his right to such examination ; pr0Uided, tia IN
formation may be filed without such examination
against fugiives from justice, within the meaning
Of the constitution and laws Of the United states
Sec, 8, Whenever any information shall be nied
by any district attorney, Under the provisions OF TINS
act, without preliminary examination, and the de-
fendant in such information shall be icdu'ttea or
without trial thereof lit shall bB the duty
Of the court III wftch te defendant shall be 80 ac-
quilted or otherwise discharged, 70 determine
whether such information filed upon propaD.e
cause and In good faith and when found to be so
fS n file A. Duplicate Of such determination that
s11ch information aa filed for probable cause and
n good faith And when suoh court shsibnot file
such duplicate, the defendant in such Io-matlon
may maintain action against sucn dlsrlct attor
ney for malicious prosecution
= , = case any preliminary examination has
i esd Pess G fs sna % sns person cent
evidence 10 rsise probability OF bus gpll ano ne
district attorney sna Gterwatds qise9ver aanssanie
evidence sufficient, in his judgIn5 70 cenYlct the
nerson discharged, he may, Notwithstanding sttch
cause another complaint to be mace pc
fore any officer authorized by law to make such
exam nftot1t and thereupon second arrest ana ex-
animation shall be had: - :-s-.-- -r-
OF THE FORM OF INFoKM4Tt6rs :.
Sec. 10. The information may be in the following
STATE OF WISCONSIN,
County. In - - Court.
The State of Wisconsin,
against
Name of Accused.}s e.,,
/ s V--- SiSf-ict sttornes for said county,
hereby inform the court that on tle $50 day Of
in the year -, at said county, A. b. lname or ahas
of accuse did Estate the oensel against the peace
and dignity of the State of Wisconsin.
District Attorney.
Sec II. The information will be sufficient if it
can be understood therefrom-
First. That it IS presented by the person author-
lied by law to prosecute the, offence:
second That the defendant is named therein, or
described as person whose name is unknown 70 the
informant.
OF AMENDMENTS.
Sec 27. Any court of record in which the trial OF
an Indictment or information is had, may forthwith
allow amendment in case OF variance between m Ihe
statement in the Indictment OF information anu tle
proof in the following cases: In the name or de-
scrption of any person, place premises or OF any
thing, writing or record. or the ownership OF any
property described in the Indictment or lptorma-
ton, and IN all cases where the variance between
the Indictment or information and the proof are not
material to the merits of the case. ,
Sec 2S Upon allowing such amendment, the
court NAV direct such amendment of other parts OF
the Indictment as NAV thereby be rendered necessa-
ry, and in its discretion proceed In or postpone
tie trial.
the jurisdiction of the court, is triable therein
Fourth That the offense charged is set forth
with such degree of certainty that the court may
pronounce Judgment upon conY1ctlon according
to the right of the case.
OF THE STATEMENT OF oFFENsEs.
Sec. II. In indictments or information Tor mur-
der or mansaughter. it shall not be necessary to set
forth the manner in which, or the means by which
the death of the deceased caused but it shall be
sufficient in any Indictment or information for muir
der to.charge that the accused did wilfuy, felon-
iously ana of his malice aforethough kill and muir
der the deceased and i'll any indictment or inform
alton for mansaughter, it shall be sufficient to
charge that the accused did feoniousy Kill ana stay
the deceased.
Sec 49, In indictments or information, for will
full or corrupt perjury, it shall be sufficient to set
forth the substance of the ofense charged, ana IN
what court and before whom the oath or anlrmauoh
was taken ayerring such court, person or body to
have competent authority to administer the same,
together with the proper averments to 1aishy the
matter wherein the perjury is assigned, without set
ting forth the Indictment, information, complaint
affidavit, declaration or part OF any records or pro-
ceedngs, other than as aforesaid and wlthout set
ting forth the commission or authority OF the COURT
person or body before whom the perjury was COM
mitted In indictments or 1nformatlons Tor suDof'
nation of perjury, or for endeavorlng 10 lnclte oi
procure any person to commit the crime OF perjury
it shall be sufficient to set forth the substance OF
the offense charged upon the defendant, without
setting forth the Indictment, information, complaint
affidavit declaration or part of any record OF proceed
ings, and without setting forth the commission OF
authority of the court, person or body before "ho
the perjury committed, agreed, promised or III
cited to be committed.
See. IA In any indictment information fol
falsely making, uttering forging, printing, photo
graphing dsposing of or putting off any instrument
It shall be sufficient to set forth the purport thereof
Sec 10. In any Indictment or information To-
engraving, making or mending, or beginning SO to do
any instrument matter or thing or for providing
using or having the unlawful custody or possession
of any instrument other material matter o
thing it shall be sufficient to describe such 1nsru
ment, material matter or thing by any name or des
| ignationby which the same may be usually Known
Sec l6. In all other cases, whenever 1t shall D
/ necessary to make any averment in any indietmen
or information as to any instrument whether th
same consists wholly or in part, of writing, pril
or figures it shall be sufficient to describe such IL
strument by any name or designation by Wlllc
the same may be usually known, or by the purpoi
| thereof. IN, :,
| Sec IT, When an offense shall be committed !
| relation to any election, indictment or nformi
| tiop for such offense shall be deemed sutfle1en
! if it alege that such election was authorized .
! law without stating the names OF the inspector
or officers holding such elections, or the oihces
he filed thereat or the names of the persons vote
! for. +.
Sec. 1S. In every Indictment or information /
which it shall be necessary to make any ayermeht
| to anv money or bank bill, or note, United State
treasury notes postal or fractional currency or OIL
er bills bonds or notes, issued by lawful auhorlt!
and intended to pass and circulate as money, or an
United States bonds, it shall be sufhclent TO az
scribe such money bills, notes, currency or bona
simnly as money, without specifying any partcula