Public-domain · open source
OpenJurist

12 Wis. 536

Franz v. State

Wisconsin Supreme Court

Decided June 15, 1860

Wisconsin Supreme Court · decided 1860-06-15

Franz, indicted jointly with Peglow, for murder, as stated in the preceding case, was convicted of manslaughter in the first degree. There was no bill of exceptions made.

Cited by 1 later decisions — most recently February 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-15

View the full empirical analysis of this case →

¶1Py the Court,

Dixow, C. J.

¶2With the exception of the form of the sentence which was awarded, the position of this case is precisely the same as that of Peglow vs. The State. At the April term, 1857, of the circuit court for the county of Man-itowoc, the plaintiff in error and Peglow were jointly indicted for the murder of one John W.- Shultz, alleged to have been committed by them in that county, on the ,12th day of *537December, 1856. At the October term, 1857, they received separate trials. Peglow was found guilty as charged in the indictment. The plaintiff was convicted of manslaughter in the first degree, and sentenced by the court to ten years’ imprisonment in the state prison.- There is no bill of exceptions in the case, and we are of opinion that the record shows no error. The only one urged goes merely to the form of •the sentence. By a further return, which was made pursuant to an order of the court, it appears that all the substantial requirements of the statute were complied with; and al-. though the judgment is not recorded with as much precision and formality as it might have been, it nevertheless is sufficiently certain, and does not appear as the-recital or history 'of the clerk, but as the act and consideration of the court, by which it was adjudged, “that the said Frederick Franz be punished by confinement at hard labor, in the state prison at Waupun, for the term of ten years, and that ten days of each year, during said term, be passed in solitary imprisonment.”

¶3The judgment is therefore affirmed.

/12/wis/536 · .json · Public domain