77 Wis. 467 | Wis. | 1890
This case is reported to this court by the municipal court of Dane county for the decision of the following question, to wit: Should the motion in arrest of judgment be granted for the reason that the information does not state sufficiently the place where the offense was committed?' The defendant was convicted of the crime of adultery, upon an information in substance as follows (omitting the title): “ State of Wisconsin, Municipal Court, Dane County. I, John L. Erdall, district attorney for Dane county, hereby inform the court that S. A. L., on the 2d day of January, A. D. 1890, being then and there the lawful wife of W. T. L., did unlawfully and feloniously commit the crime of adultery with one M. C., and did unlawfully and feloniously permit said M. C. to have, and the said M. C. did then cmd there have, carnal knowledge of her body, against the peace and dignity of the state of Wisconsin.” The objection is that the information does not show that the offense was committed in Dane county, within the jurisdiction pf the municipal court.
It must be admitted that the information is informal because it does not state with more particularity the county where the offense was committed, and respectable authorities may be found which would hold it bad for that reason. But the tendency of modern decisions is to relax the strict rules which formerly prevailed, even in criminal proceedings, and the legislature has expressly sanctioned that tendency in our criminal code. Many defects or formal imperfections in the information which do not tend to the prejudice of the accused are to be disregarded. The
By the Gourt.— The question submitted by the municipal court we answer in the negative, and the cause is 'remanded to that court with this our decision, for further proceedings according to law.