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92 Wis. 586

Barnum v. State

Wisconsin Supreme Court

Decided March 10, 1896

Wisconsin Supreme Court · decided 1896-03-10

Eeeoe to review a judgment of the circuit court for Rich-land county: R. G. Siebeoeee, Judge. The defendant was convicted of the publication of a criminal libel, and brings error. The • contention is now made that the information is insufficient to sustain the conviction, because it does not charge a publication of anything.

Cited by 1 later decisions — most recently May 1907

1 state decisions

Relies on Sires v. State · State v. Whitton

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1896-03-10

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WiNslow, J.

¶1The objection to the sufficiency of the information was made for the first, time after verdict. It is too late to make an objection of this nature after verdict, if the difficulty could have been obviated by amendment had the objection been made before trial. R. S. sec. 4706; State v. Whitton, 72 Wis. 18; Sires v. State, 73 Wis. 251.

¶2The difficulty here consists in an apparent lack of an object to the verb “publish.” It is very evident that the pleader intended to charge that the defendant published the libel which is set out, but, by an unfortunate arrangement •of words, under strict rules of grammatical construction it ■does not seem to be charged that he published anything. There are no punctuation marks in this part of the sentence. It is quite evident that if one phrase of the sentence could be read parenthetically, or rejected as surplusage, there would be a perfectly good allegation of publication. The phrase referred to is, “ In a certain part of which newspaper so *588published as aforesaid there were and are contained.” We think, had the objection been made before trial, the court would have been entirely justified in ordering an amendment of the information by placing this part of the sentence in parentheses, or dashes, or other marks which would clearly indicate its parenthetical character, and thus make sense of that which was obscure. Many cases have held that words, and even sentences, which obstruct the' sense in an information, may be rejected, if thereby it is made sensible. Rex v. Morris, 1 Leach, 109; Comm. v. Randall, 4 Gray, 36; Bish. New Or. Proc. § 481, and cases cited.

¶3It is not necessary to reject anything in this case. It is only necessary to read the- clause in question parenthetically, and the meaning is perfect. Doubtless, this was the view which the trial court took of the matter, and we entirely approve it. There are no other questions raised which require discussion.

¶4By the Court.— J"udgment affirmed.

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