69 Wis. 464 | Wis. | 1887
We are of the opinion that the charge of the learned county court in this case was misleading upon the
It appears to us the charge w7as calculated to mislead on this vital point in the case. The jury may have supposed that a note given and applied to settle a debt would be valid, though one inducement for giving it was to put an end to the criminal prosecution. It is plain that it was not essential that the agreement of the plaintiffs to discontinue the prosecution should be the sole consideration for the note. If such an agreement in any way entered into the consideration, it would invalidate the note, though the plaintiffs might at the same time apply it in discharge of the debt which Brauns owed them. It is true the judge instructed, in effect, that the sole point in the case was whether or not
It is elementary law that a note given in part consideration for compounding a felony, or for suppressing a criminal prosecution, is void as against public policy. That proposition was not contested by the learned counsel for the plaintiffs. Embezzlement of money exceeding $100 is a felony by our statute, liable to be punished by imprisonment in the state prison. Secs.. 4418, 4637, R. S. Sec. 4501 makes it a crime for any person having, knowledge of the commission of any offense, to take any money, or reward, or engagement therefor, upon an agreement or understanding, express or implied, to compound or conceal such offense, or not to
By the Court. — judgment of the county court is therefore reversed, and a new trial awarded.