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3 Wis. 785

Waltzer v. State

Wisconsin Supreme Court

Decided June 15, 1854

Wisconsin Supreme Court · decided 1854-06-15

This was a criminal prosecution against the plaintiffs in error, before a justice of the peace for Dane county, for an assault and battery.

Relies on State v. Hopkins

Decided 1854-06-15

¶1*786JBy the Gowrt,

Smith, J.

¶2It is unnecessary to notice. all the errors assigned in this case, as the form of the juc¡gment Is fatal. This was a criminal prosecution, ancj even admitting that all of the defendants could he, and were properly tried jointly, the punishment should have been several, Bach should have been sentenced to pay a fine, according to the nature and aggravation of his offence. Every individual is answerable for his conduct to the State. The guilt of one is neither mitigated nor enhanced, from the fact that another may be also guilty. 2 Hawk. Pl. C. 635, (lib. ed.;) 1 Dana, 229 ; 7 Blackf. 494 ; 10 Miso 440.

¶3The judgment is reversed, and causejremanded.

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