Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1871-04-20
OF THE srArgxRsr OF orrKNsEs.

which the death of the deceased was caused, but
1t shall be sufficient in any Indictment or lnior,
nation for murder 10 charge that the accused dld
wiliuly, telonlously, and OF his malice aiore-
thought, kin and murder the deceased; and III any
Indictment or information for mansiaughter,l II
shall be sufficient to charge that the accused dld
ieoniously kill and Stay the deceased.
Sec. 10. In indictments or iniormation,for VIII
ful or corrupt perjury, 1t shall be sufficient to set
for h the substance of Il otfense Charged and IN
what court, or before whom the oath or affirmstion
was taken, averring such court person or
body TO have competent authority TO administer
the same, together with the proper aVerment. TO
falsify the matter wherein the perjury Il assigned,
without setting forth the indictment, information,
complaint, affidavit, declaration or part oil any
records or proceedings, other than as Aforesaid,
and without setting forth the commission or au-
thority OF the court, person or body before whom
the perjury was committed. In indictments or
inlormatons for subornation OF perjury, or Tor
endeavoring 20 ilcite or procure any person to
commit the crime of perjury, it shall be sufficient
TO set forth the substance Of the oifense charged
upon the defendant without setting forth the IN
uictment, information complaint, alndavlt, cecla.
ton or part OF any record or proceedings, and
without setting forth the commission or anthorl-
ty OF the court, person or body before whom the
perjury was committed, agreed, promised or melt
ed 20 be committed.
Sec IA In any Indictment or information for
falsely making, utterng, forging, printing, phoIo-
graphing, disposing OF or putting on any lnsuu-
ment, 1t shall be sufficient TO set forth the pnrport
thereof.
Sec. 10. In any indictment or information for
engraving, making or mendlng, or beginning so
to do, any instrument, matter or tnlng, or ior
providing, using Or having the unlawful custody
or possession of any instrument or other material,
matter thing, 1t shall be sufficient TO describe
such instrument, material, matter or thing by any
name or designation by WnlCn lHe same may DC
usually known.
Sec l6. In sll other cases, whenever 1t shall be
necessary to make any averment in any indictment
or information, as to any instrument, whether the
same ccnsists wholly or in part, OF writing, prlrt
figures, 1t shall be sufficient 10 describe such IN
strument by any name or desiguat on Oy Wnlch
the same may be usually krowe, OF by the purport
thereof.
Sec. H. When an ofense shall be committed In
relation TO any election, an indictment or lnofma-
tion for such oiiense shall be deemed sufficient,
il it alege that such election was authorized by
law Wit lout stating the names OF the inspectors
or officers holding such elections, or the offices to
be filed thereat or the names of the persons voted
for
Sec IS. In every indictment or information in
which II shall be necessary to make any averment
to any money, or bank bill, or note, United
States treasury notes, postal or fractional curren,
cy other bills, bonds or notes, Issued by lawful
authority and intended to pass and circulate az
money or any United States bonds, 1t shall be sur
ficient to describe such money or bills, notes, cur
rency or bonds, simply as money, without specify.
ing any particular coin, note bill or bond, and
such allegation shall be sustained by proof OF any
amount of coin or of any such note, bill, curren-
cy or bond although the particular species OF coin
of which such amount was composed, or the par
cu lar nature of such no,e bill, currency or bond
shall lot be proven.
Sec, 49, An indictment or Information for lar
ceuy may contain also count Tor obtaining Inc
same property by false tokens or pretenses, or a
count for mbezzement thereof, and for receiving
or cencealing the same property, knowing IL 10
have been stolen, and the jury may convict OF
either offense and may find all or any OF the per-
sons indicted or informed against guilty OF either
the ofienses charged in the Indictment or inlorma
ton.
Sec 30 When the offense charged has been
created by any statute, or the punishment of such
oiense has been declared by any statute the IN
ictmeut information shall after verdict, be held
sufficient to warrant the punishment prescribed
by the statute IL it describe The oifense in the
words OF the statute, or in words of substantially
the same meaning and words used IN the statutes
to define a public olense need not be strictly pur-
sued In charging an otfense under such statutes
but other words conveying the same meaning may
be used
Sec. n. In pleading judgment or other deter
mnaton of, or proceedings before any court or Of
icer the facts comforting jurisd ctlon 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 or officer, hut the facts conerrlng Jurisdlc
ton must be established on the trial
Sec. % In pleading aprivate statute, or right
derived therefrom 1t shsl be sufficient to refer to
the statute by its title ard the date of it1 approval.
Sec. %. In case of the loss or destruction OF an
information, tho district attorney may ie in court
proceed and trial be had without delay from that
Cause In OF the loss or destruction OF an in
dctment, the court, upon suggestion CT the fact,
may order another to be found, or an Information
10 be filed, as II deems proper.
Sc. "a. Wien 1t appears, at any time before
verdict or Judgment, that mistake has been
made n charging the proper oftense, the defend
ant shall not be discharged if there appears to be
good cause to detain him in custody, but the
court may recognize him to answer to the ofense
and, II necessary recognize the witnesses to zap
pear and testify
Sec IS In an Indictment or in Formation for the
larceny OF any animal, or for any other public of
fensc committed in reference to any animal, II
shall DO sufficient to describe the animal by suct
name Us, in the common understanding, embrace.
1t, without designating its sex.
sec. 20 In an indictment or information for al
ofense committed in relation to property, 1t shsl
be sufficient to state the name OF any one, or The
names OF several Joint owners.
OF AMENDMENTS.
Sec 81 Any court of record in which the tria
of an indictment or information is had, may forth
with allow amendment in case OF variance between
the statement in the indictment or Information, anc
the proof In the following cases In the name OF
description OF any person, place or premises or OF
any thing, writing or record, or the ownership Of
any property described III the indictment or in
formato on, and in all cases where the variance be-
tween the Indictment or information and the proc
are not material to the merits of the case.
Sec %. Upon allowing such amendment the
con { may direct such amendment OF other parts
of he indictment as may thereby be -end red nee
essary, and may In its discretion proceed in OF
postpone the trial.
Sec % Whenever the pea oil mlsnOmer IL
pleaded to an indictment or Information the court
may forthwith cause the indictment or information
TO be amended in that respect, and call upon the
parties 10 plead thereto IS though no such plea
had been pleaded.
Sec. 30. No indictment, information, process
return or other proceeding In criminal Gus in
the courts or course of justice, shall! be ahated
uuashed or reversed fol any error or mistake where
the person and the case may be rightly understood
by the conrt, and the court may, on motion, order
an amendment curing such defect.
OF GRAND JURIEs.
Sec 81 Grand jrries shall not hereafter be
drawn, summoned or required TO attend ut tbs
sttings of any court within this state, provided
by law unless the Judge thereof shall direct b.
writing under his hand, and fled wi the clerk o
said court. Such order shall specify the time a
which such grand jury shall appear before The
court and the number OF days Lotice or summons
which shall be given them,
OF Pleas OF sUlLrY.
Sec 81. Whenever any person committed fo
trial and in actual confinement for an offence 70
which the highest penalty provided Ivy law shsl
| of the district attorney and county judge of III
county in which the offense WAS committed TO b.
| srraigaed upon such charge before the count.
court before the sitting OF The court having jars
dcton try the same, 1t shall be the duty of thu
district attorney, upon the receipt Of such request
| to file an information against the prisoner upor
| such charge, within Ave days thereafter, in tht
office OF the clerk OF the court having trial juris
dction ard deliver a copy thereof to the prisoner
Such request shall be in writing, subscribed b,
the prisoner in the presence OF the sheriff. I'M