2020 Wisconsin Statutes & Annotations
Chapter 971. Criminal procedure — proceedings before and at trial.
971.03 Form of information.
971.03 Form of information. The information may be in the following form:
STATE OF WISCONSIN,
.... County,
In .... Court.
The State of Wisconsin
vs.
.... (Name of defendant).
I, .... district attorney for said county, hereby inform the court that on the .... day of ...., in the year .... (year), at said county the defendant did (state the crime) .... contrary to section .... of the statutes.
Dated ...., .... (year),
.... District Attorney
History: 1997 a. 250.
An information charging attempt is sufficient if it alleges the attempt plus the elements of the attempted crime. Wilson v. State, 59 Wis. 2d 269, 208 N.W.2d 134.
When a victim's name was correctly spelled in the complaint but wrong on the information, the variance was immaterial. State v. Bagnall, 61 Wis. 2d 297, 212 N.W.2d 122.
The law does not require that the information specify with particularity upon which dates the course of conduct occurred. In drafting an information the state should not have to spell out every act that would comprise an element of the crime. Instead, allegations of the elements of the crime charged will suffice. State v. Conner, 2009 WI App 143, 321 Wis. 2d 449, 775 N.W.2d 105, 08-1296.
While citation to a specific statute may be the preferred practice, failure to specifically cite to a statute in the information and complaint is harmless error when there is no prejudice to the defendant. State v. Elverman, 2015 WI App 91, 367 Wis. 2d 126, 876 N.W.2d 511, 14-0354.
