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In re Eckart

In re Eckart, 56 N.W. 375 (Wis. 1893)
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Court
Wisconsin Supreme Court · State Highest Courts
Decided
September 26, 1893
Judges
Winslow
Citations
56 N.W. 37585 Wis. 6811893 Wisc. LEXIS 317
Headnotes
Habeas corpus: Erroneous judgment. Where, under an information charging, generally, wilful and felonious murder with malice aforethought, a simple verdict of guilty is rendered, not specifying any degree, a judgment thereon is erroneous, but there is no jurisdictional defect authorizing the discharge of the prisoner- on habeas corpus.
Summary
Petition for a writ of Habeas Corpus,

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Winslow

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Winslow, J.

The petitioner was tried for murder, April 10, 1878, upon an information charging, generally, wilful and felonious murder with malice aforethought. A simple verdict of guilty was rendered, not specifying any degree, upon which he was sentenced to imprisonment for life. He now asks for a writ of habeas corpus, and for his discharge from imprisonment thereon, because he claims that *682 no judgment could lawfully be pronounced on the verdict, under the law as settled in Hogan v. State, 30 Wis. 428 , and Allen v. State, ante, p. 22. It seems that the judgment was erroneous under these cases, but that fact does not authorize his discharge upon habeas corpus. The court had jurisdiction of the person and of the offense, but made a mistake in the judgment. Habeas corpus reaches only jurisdictional defects, and there is no such defect here. The case is ruled by the case of In re Graham, 74 Wis. 450 .

By the Court.— Writ denied.

How later courts describe this case

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Cited by 11 cases

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1896: 11898: 21901: 11905: 11921: 11933: 11941: 11947: 11948: 12016: 118962026peak 1898 · 2

Relies on it most ⓘ

  1. State v. James Elvin Lagrone2016 WI 26, 878 N.W.2d 636
  2. State ex rel. Elms v. Brown183 N.W. 669 (Minn. 1921)
  3. In re Shinski104 N.W. 86 (Wis. 1905)
  4. State ex rel. Durner v. Huegin85 N.W. 1046 (Wis. 1901)
  5. State ex rel. Johnson v. Broderick27 N.W.2d 849 (N.D. 1947)
  6. State ex rel. Isenring v. Polacheck77 N.W. 708 (Wis. 1898)

Most recent

  1. State v. James Elvin Lagrone2016 WI 26, 878 N.W.2d 636
  2. State ex rel. Johnson v. Thomson34 N.W.2d 80 (N.D. 1948)
  3. State ex rel. Johnson v. Broderick27 N.W.2d 849 (N.D. 1947)
  4. Convey v. Haynes298 N.W. 647 (Iowa 1941)
  5. McCormick v. Hollowell246 N.W. 613 (Iowa 1933)
  6. State ex rel. Elms v. Brown183 N.W. 669 (Minn. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
In re Graham, 43 N.W. 148 (Wis. 1889) 39
Hogan v. State, 30 Wis. 428 (1872) 32

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