The Superior times. [volume] (Superior, Wis.) 1870-1912, 1871-05-20
LAWS OF WISCONSIN.
Passed at the Session of,s7I.
Published March 81, 1871.
CHAPTER 13T-GFNERAL,

CHAPTER 137-GENERAL.
AN ACT to provide for the trial of offenses upon
information, and to make the general laws OF the
state applicable thereto.
REFERENCES 80 AMENDMENTS.
Sections T. s. 9, TO- IL, of chapter lis, revised
statutes.
sections l. q g. chapter IT'S, revised statutes.
Sections l. g. 7, 9, 10, IL, Is chapter ITO revised
statutes.
Section 2 chapter ISL, revised statutes.
Sections l. g. T. B. 6, chapter 163, revised statutes.
Section Z, chapter 164 revised statutes:
Sections s. Z, chapter 40 revised statutes
Sections 2 3, s. 10, u, chapter 172, revised stat
utes
Sections Is and D. chapter 49, revised statutes.
Sections l, 2 chapter 222, general laws, 1862
The people of the state of Wisconsin, represented In
senate and assembly, do enact as follows:
Section l. The several courts OF this state shall
possess and NAV exercise the power and urls-
dction to hear, try and determine prosecutions upon
information for crimes, misdemeanors and offenses,
to issue writs and process and do an other acts
therein they possess and may exercise In cases OF
like prosecution upon indictment.
Sec. .. All informations shall be I'll d during
term in the court having jurisdiction of the offences
specified therein, except as hereinafter provided,
by the district attorney of the proper county as IN
formant, and he shall subscribe his name thereto.
Sec g. The offence charged in any information
shall be stated in plain concise language, without
prolixty unnecessary repetition. Different offen-
ces and different degrees of the same Offences may
be Joined in information, in all cases where the
indictment; and in all cases the defendant or defend
ants shall have the rights, to all proceedings
therein he or they would have if prosecuted for
the same otfense upon indictment.
Sec. t. All provisions of law applying to prosect-
tons upon indictments to wits and process there
in and the issu and service thereof, to motions,
pleadings, trials and punishments, the passing
execution of any sentence, and to all other proceed
ngs in cases of Indictment, whether IN the court OF
original appellate jurisdiction, shall, to the same
extent and in the same manner as near as may he,
aDpy to lntOrmatOnS and all Prosecutions ana pro-
ceedings thereon.
Sec. s. Any person who may, according to law,
be committed to jail, become recognized or held
to ball. with sureies for his appearance in court to
answer to any indictment, may in like manner, be
so committed to jail or become recognizable and
held to bail for his appearance to answer to any IN
formation or indictment, as the case may be-
Sec. g 1t shall be the duty of the district attor-
ney of the proper county to inquire into and make
full examination of all the facts and circum-
stances connected with any case of preliminary
examination, provided by law, touching
| the commission of any offense whefeon the
offender shall be committed TO Jail, be-
come recognized or held to bail and if the district
attorney shall determine in any such that an
information ought not TO be filed, he shall make,
subscribe and file with the clerk of the court state
men In writing, containing his reasons, in fact and
in law, for not filing information in such case;
such statement shall be filed at and during the term
of the at which the offender shall be held FOR
appearance pycUiied, that in such case the court
may examine such statement together with the evil
dence filed in the case and IT, upon such examination,
the court email De WITH
the district attorney shall be directed by the court
to file the proper information and bring the case to
trial.
Sec 7. No information shall be filed against any
person for any ofense until such person shall have
had preliminary examination, provided by law,
before a justice of IRE paate or other examining
magistrate or ef6oof, unless such person shall waive
his right to such examination pfOUmed, that in
formation may be filed without such examination
against fugitives from justice, within the meaning
of the constitution and laws of the United States.
Sec my storm afsH1D Efah In Hsa1
by any district attorney, under the provisions Of this
act without preliminary elimination and the de-
PENDANT IL such information shall be acquitted or
discharged without trial thereof it shall be the duty
OF the court in which the defendant shall be
! quilted otherwise discharged, to determine
whether such information filed upon probable
cause and in good faith, and when found 10 be SC
filed, to file duplicate of such determination that
such information was filed for probable GAUGE and
in good faith. And when such court shall not file
such duplicate, the defendant in such information
may maintain action against such district attor-
ney Tor malicious prosecution.
Sec. 9. In any preliminary examination has
been had provided by law, and the person cont
planned of has been discharged for want of sufficient
evidence to raise probability OF his guilt, and the
district attorney shall afterwards discover admissible
evidence sufficient in his Judgment, 10 convict the
person discharged he may, notwithstanding such
discharge, cause another complaint to be made be
fore any cfhcey authorized by law to make such
examination, and thereupon a second arrest and
animation shall be had.
OF THE FORM OF INFoRMATIoNs
Goo 10. The information may be in the following
SThil. OF wIscoN~.,s
The STATE against ira''o''Sln'
(Name of Accused.} !
l. --4 district attorney for said county
hereby inform the court that on the day of -
in the year , at said county. \. Il. (name or anas
of accused did state the ofensel against the peace
and dignity of the State of Wisconsin.
Dated -
District Attorney.
Sec. Il. The information viii be sufficient if it
can be understood tberefrom-
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 10 the
informant.
or AMENDMENTS.
Sec d. Any court Of record in which the trial of
an indictment information is had NAV forthwith
allow amendment in case of variance between the
statement IN the Indictment or information ond the
proof in the following cases In tho name or de
scrlption Of any person, place premises or of any
thing, writing record or the ownership of anv
property described in the Indictment or ipforma-
tlon, and III 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 may direct such amendment of other parts of
the indictment may thereby be rendered necessa-
ry and may in its discretion proceed in or postpone
the trial.
Third. That the offense was committed within
the jurisdiction of the court, is riable therein
fourth. That the offense charged is set forth
with such degree of certainty that the court NAV
pronounce judgment upon conviction according
to the right of the case
OF THE STATEMENT OF oFFFNsEs
Sec. II. In indictments information fot muir
DER or manslaugher 1t shall not be necessary to set
forth the manner in which, or the means bv which
the death OF the deceased caused but it shall be
sufficient in any Indictment or information for mur
der, to charge that the accused did wifulIv felon-
lously, and OF his malice aforethought, kill and muir
der the deceased: and in any Indictment or inform
Gl,o1I lr
charge that the accused did feoniousy kill and say
the deceased
Sec. 10. In indictments information for will
1ul or corrupt perjury, it shall be sufficient to set
Iorln the substance OF the offense charged and in
what court and before whom the oath or affirmation
was taken, ayorring such court. person or BODY to
nave competent authority to administer the same
together with the proper averments to falsify the
matter wherein the perjury is assigned without set
ing forth the indictment, information complaint
aindaVlt, declaration part of any records or pro-
ceedlngs, other than aforesaid and without set
inB lofth the commission authority of the court
person or body before whom the perjury was com,
mltted- In indictments infor1nations for subor-
nation of perjury, for endeayorinp to incte or
procure any person to commit the crime of rerinrv
II shall be sufficient to set forth the substance Of
the offense charged upon the defendant ,yithout
setting torth the Indictment information, complaint
noaSll declaration or part OF any record proceed
lngs, and without setting forth the commission or
authority of the court person or body before whom
the perjury was committed, agreed, promised or in
cited to be committed.
Sec. a. In any indictment or information for
taiseiy making uttering, forging, printing photo
eraphng, dlsposlng OF or putting off any Instrument
1t shall be sufficient to forth the prport thereof
Sec. -. In any indictment or information for |
engraving, making or mendng, or beginning SO to do
any instrument, matter or thing, for providing |
using or having the unlawful custody or possession
Oh any instrument other material matter or |
thlng 1t shall be sufficient to describe such instru
nent, material matter, or thing by any name or des-
gnationby which the same may be usually known
! ChanI