La Tour v. State
| Citation | 67 N.W. 1138,93 Wis. 603 |
| Parties | LA TOUR v. STATE. |
| Decision Date | 19 June 1896 |
| Court | United States State Supreme Court of Wisconsin |
OPINION TEXT STARTS HERE
Error to circuit court, Sawyer county; John K. Parish, Judge.
Joseph La Tour was convicted of murder, and brings error. Reversed.T. F. Frawley, for plaintiff in error.
W. H. Mylrea, Atty. Gen., and J. L. Erdall, Asst. Atty. Gen., for the State.
The plaintiff in error was tried for murder, upon an information charging that he did, August 19, 1890, “willfully, feloniously, and of his malice aforethought, kill and murder Jerry Cleveland.” The jury returned a verdict finding him guilty in the manner and form as charged in the information. Thereupon the plaintiff in error was sentenced by the court to imprisonment in the state prison during the term of his natural life. That verdict did not authorize the court to pronounce judgment and sentence. Allen v. State, 85 Wis. 22, 54 N. W. 999;In re Eckart, 85 Wis. 681, 56 N. W. 375, and cases there cited. For the reasons given in those cases, the judgment of the circuit court is reversed, and the cause is remanded for a new trial. The warden of the state prison will surrender the plaintiff in error to the sheriff of Sawyer county, who will hold him in custody until he shall be discharged, or his custody changed, by due course of law.
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