State v. Tall
| Decision Date | 09 January 1883 |
| Citation | 14 N.W. 596,56 Wis. 577 |
| Court | Wisconsin Supreme Court |
| Parties | STATE OF WISCONSIN v. TALL. |
OPINION TEXT STARTS HERE
Circuit court, Rock county.L. F. Frisby, Atty. Gen., for plaintiff, the State of Wisconsin.
William Smith, for defendant, William Tall.
This case comes to this court upon exception summarily settled and allowed by the circuit court. The complaint was for selling and giving away intoxicating liquors, without first having obtained a license therefor, and was first tried before a justice of the peace, and then on appeal in the circuit court. In the circuit court the case was tried de novo, and if the justice had jurisdiction of the subject-matter, and of the defendant's person, and rendered judgment wholly unauthorized by law, and void for that reason, an appeal by the defendant from such judgment nevertheless gives the circuit court jurisdiction. State v. Haas, 52 Wis. 407; [S. C. 9 N. W. REP. 9.] The exceptions, therefore, in respect to alleged errors and irregularities in the proceedings before the justice, even to the extent of divesting him of jurisdiction to try the case, are immaterial and will not be considered. Only such questions as affected the jurisdiction of the circuit court, and are raised by errors and irregularities in that court, will be considered and decided.
1. The complaint stated the facts, “as this deponent is creditably informed and verily believes,” without stating, as in the statute, that the deponent “had good reason to believe.” The defect of the complaint in State v. Dale, 3 Wis. 795, was that it stated that the deponent “has been creditably informed,” without stating that “he verily believes,” or that he had good reason to believe, the charge made. The statement in this complaint that the deponent “has been creditably informed and verily believes,” is stronger than the statute requires. That “he has been creditably informed” is stronger than that he “has good reason to believe,” and includes it. The good reason is specified and stated, instead of the mere conclusion.
2. The two offenses of selling and giving away are charged, but the last one only is directly followed by the conclusion “against the peace and dignity of the state.”
This formula, if essential, is necessary only in criminal information, and even in such cases it is sufficient if it follow the last count. Nichols v. State, 35 Wis. 308.
3. It is not stated that the liquor was sold or given away without first having obtained a license...
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