State v. Goodrich
| Decision Date | 21 February 1893 |
| Parties | STATE v. GOODRICH. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Report from municipal court of Rock county; H. A. Patterson, Judge.
Information against Wilbur F. Goodrich for an attempt to commit adultery. After conviction defendant filed a motion in arrest of judgment. The case was then reported to the supreme court for its determination. Judgment arrested.William G. Wheeler, Dist. Atty., and J. L. O'Connor, Atty. Gen., for the State.
Smith & Pierce, for defendant.
An information was duly filed in the municipal court of Rock county against the defendant. It contains two counts. The first count, by apt and proper averments, charges him with having committed the crime of adultery with a woman therein named. The second count charges that at the time and place specified in the other count the defendant did attempt to commit the crime of adultery with the same woman, by then and there attempting to have carnal knowledge of her body. A trial resulted in a verdict of guilty on the second count. A motion in arrest of judgment was interposed, whereupon the trial court reported the case to this court, pursuant to section 4721, Rev. St., for its decision upon several questions of law. One of these questions is whether section 4385, Sanb. & B. Ann. St., creates the offense of an attempt to commit adultery. The original section (4385, Rev. St.) was as follows: “Any person who shall assault another with intent to commit any burglary, robbery, rape, or mayhem, or any felony, the punishment of which assault is not herein prescribed, shall be punished by imprisonment in the state prison not more than three years, nor less than one year, or by fine not exceeding one thousand dollars, nor less than one hundred dollars.” By chapter 330, Laws 1883, the section was amended by injecting into it a provision that one “who shall advise or attempt to commit any arson, or any other felony that shall fail in being committed,” shall be liable to the punishment prescribed in the original section. Adultery may be punished by imprisonment in the state prison. Rev. St. § 4576. Hence, under section 4637, it is a felony. Because it is a statutory felony it is argued in behalf of the state that it comes within the provisions of the act of 1883, and that an attempt to commit it is a crime. In view of the rule that penal statutes must be strictly construed, we think the argument unsound. The original section specifies the crimes of...
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Donaghy v. State
...there construed, but also because of the clear reasoning of the court. See, also, U. S. v. Garretson (C. C.) 42 F. 22; State v. Goodrich, 84 Wis. 359, 54 N.W. 577; parte Williams, 7 Cal. Unrep. 301, 87 P. 565. The misdemeanors specified in the Constitution are all common law offenses. It ha......
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Donaghy v. State
...construed, but also because of the clear reasoning of the court. See, also, U. S. v. Garretson (C. C.) 42 Fed. 22; State v. Goodrich. 84 Wis. 359, 54 N. W. 577; Ex parte Williams, 87 Pac. The misdemeanors specified in the Constitution are all common law offenses. It has been held that where......
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State v. Donovan
...35 P. 1093, 40 Am. St. Rep. 900, also, in 25 L. R. A. 434, cases reviewed; State v. Baller, 26 W.Va. 90, 53 Am. Rep. 66; State v. Goodrich, 84 Wis. 359, 54 N.W. 577; Reg. v. Williams, 1 C. & K. 589; Ex parte Floyd, Cal.App. 588, 95 P. 175; McDade v. People, 29 Mich. 50; Cox v. People, 82 Il......
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State v. Crocker
...was in the affirmative, and the order of the court was that the circuit court be directed to proceed to judgment. In State v. Goodrich, 84 Wis. 359, 54 N.W. 577, questions were certified upon a motion in arrest of judgment, and the questions being answered in the negative, the Supreme Court......