Legal Opinion

Allen v. State

Wisconsin Supreme Court

Decided March 11, 1924PublishedCited by 29 opinions

Error to review a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. The defendant below, herein designated as the defendant, was convicted by a jury for having in his possession illegally 'manufactured intoxicating liquors and trafficking in the same. He was sentenced to ninety days at hard labor in the county jail.

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Error to review a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. The defendant below, herein designated as the defendant, was convicted by a jury for having in his possession illegally 'manufactured intoxicating liquors and trafficking in the same. He was sentenced to ninety days at hard labor in the county jail. He now claims his conviction was unlawful for the reason that he was unlawfully searched, and liquor thus taken from his person was received in evidence over his ob j ection. Defendant was walking peacefully along a public street in the- city…

1Opinion of the CourtCrownhart, J.

It was June 15, 1215, that the people at Runnymede wrested from King John of England the great charter of English liberties wherein the king gave the pledge of the government that “No freeman shall be taken or imprisoned . . . nor will we pass upon him, nor will we send upon him, unless by the judgment of his peers, or by the law of the land.”

That guaranty of personal liberty, under constant struggle between sovereign and subject for hundreds of years, was expanded and confirmed in the English common law until it was said by William Pitt that “The poorest man may in his cottage bid defiance…

2Cases cited14 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Weeks v. United StatesSupreme Court of the United States · 1914
  3. Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
  4. Gouled v. United StatesSupreme Court of the United States · 1921
  5. Amos v. United StatesSupreme Court of the United States · 1921

9 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. People v. BrownCalifornia Supreme Court · 1955
  2. State v. EsserWisconsin Supreme Court · 1962
  3. State v. WarfieldWisconsin Supreme Court · 1924
  4. The People v. McGurnIllinois Supreme Court · 1930
  5. E. B. & A. C. Whiting Co. v. City of BurlingtonSupreme Court of Vermont · 1934

24 more not listed; retrieve them via the Exa API.

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