State v. Kitzerow
| Decision Date | 28 April 1936 |
| Citation | 221 Wis. 436,267 N.W. 71 |
| Parties | STATE v. KITZEROW ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Error to the Circuit Court for Milwaukee County; A. H. Reid, Judge.
Affirmed.
Action by the state of Wisconsin instituted by indictment by a grand jury against Alvin G. Kitzerow and others. To review an order quashing the indictment on the ground that it did not state an offense, the State prosecutes a writ of error.
See, also, State v. Lawler, 267 N.W. 65.
James E. Finnegan, Atty. Gen., J. E. Messerschmidt, Asst. Atty. Gen., and William A. Zabel, Dist. Atty., Herman A. Mosher, Deputy Dist. Atty., and Francis A. Darnieder, Sp. Asst. Dist. Atty., all of Milwaukee, for the State.
George E. Ballhorn, David J. Berk, Churchill, Bennett, Churchill & Davis, Frank E. Waldron, and Will C. Gobel, all of Milwaukee, for defendants in error.
The case came up in circuit court on the motion of the defendants to quash an indictment returned by a grand jury on the ground that it did not charge the commission of any offense. The circuit court granted the motion. The state procured a writ of error to review the ruling.
The indictment charges as to each defendant that he, on a day specified at Milwaukee county, being a specified officer of a named bank, “did unlawfully and feloniously, as such officer, accept or receive for deposit or for safe keeping or to loan to certain persons, certain moneys or bills of exchange or other paper circulated as money, notes, drafts, bills of exchange, bank issues and other commercial paper, for safe keeping or for collection * * * well knowing and having good reason to know” that the bank “was unsafe or insolvent.”
The indictment was intended to charge an offense under section 348.19, Stats., which reads as follows: “Any officer, director, stockholder, cashier, teller, manager, messenger, clerk or agent of any bank, banking exchange, brokerage or deposit company, corporation or institution, or of any person, company or corporation engaged in whole or in part in banking, brokerage, exchange or deposit business in any way, or any person engaged in such business in whole or in part who shall accept or receive, on deposit, or for safe-keeping, or to loan, from any person any money, or any bills, notes or other paper circulating as money, or any notes, drafts, bills of exchange, bank checks or other commercial paper for safe-keeping or for collection, when he knows or has good reason to know that such bank, company or corporation or that such person is unsafe or insolvent shall be punished by imprisonment in the state prison not more than ten years nor less than one year or by fine not...
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State v. Albarty
...331, 17 So.2d 524; State v. Jefferson, 23 A.2d 406, 19 N.J.Misc. 678; Brown v. State, 139 Tex.Cr.R. 332, 140 S.E.2d 449; State v. Kitzerow, 221 Wis. 436, 267 N.W. 71. We deem it advisable to observe that the criminal complaint falls short of the rules of pleading in another aspect. It does ......
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State v. Lawler
...267 N.W. 73, two questions were raised. The question relating to the sufficiency of the indictment is treated in State of Wisconsin v. Kitzerow et al. (Wis.) 267 N.W. 71, and the mandate will be entered in connection therewith. It is there held that the indictment is bad. Because the indict......
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State v. Evjue
...of an indictment or information is subject to a motion to quash, and the question is properly raised in that manner. State v. Kitzerow, 1936, 221 Wis. 436, 267 N.W. 71. We shall content ourselves by referring to sources stating the law with reference to the interposition of pleas in abateme......
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Jackson v. State
...The charging document is duplicitous and fails to charge an offense with the requisite certainty or specificity. State v. Kitzerow, 221 Wis. 436, 438-39, 267 N.W. 71, 72 (1936); Bonneville v. State, 53 Wis. 680, 687, 11 N.W. 427, 430 (1882); Clifford v. State, 29 Wis. 327, 329-30 (1871). On......