The plaintiff in error was tried for murder, upon an information charging that he did, August 19, 1890, “ wilfully, feloniously, and of his malice aforethought,
That verdict did not authorize the court to pronounce judgment and sentence. Allen v. State, 85 Wis. 22; In re Eckart, 85 Wis. 681, 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.
By the Court.— Ordered accordingly.