Legal Opinion

Kollock v. State

Wisconsin Supreme Court

Decided November 13, 1894PublishedCited by 14 opinions

EREOE to the Circuit Court for Portage County. Arson. The plaintiffs in error, Ilenry Kollock and Shepard Kollock., were convicted of feloniously burning the ’barns of one Springer, August 25, 1893, and sentenced to imprisonment in the state prison, and they have sued out this writ of error to reverse that judgment. The plaintiffs in error were neighbors of Springer, living about half a mile from him on the same road.

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EREOE to the Circuit Court for Portage County. Arson. The plaintiffs in error, Ilenry Kollock and Shepard Kollock., were convicted of feloniously burning the ’barns of one Springer, August 25, 1893, and sentenced to imprisonment in the state prison, and they have sued out this writ of error to reverse that judgment. The plaintiffs in error were neighbors of Springer, living about half a mile from him on the same road. For years there had been ill feeling between the Kollocks and Springer. The barns burned about 1:30 o’clock A. M. ’Threshing had been going on in one of the barns during 'the…

1Opinion of the CourtWisslow, J.

In this case the state relied for conviction almost entirely upon circumstantial evidence. As to the-defendant Ilenry there was, in addition to the circumstantial evidence, some proof of an admission of the fact, but as to Shepard Kollooh the evidence was exclusively circumstantial. There are two legal principles applicable to *665such evidence, which are very well established: First, that each of the several circumstances, upon which the conclusion of guilt necessarily depends must be proven beyond a reasonable doubt; and, second, that they must not only point with moral certainty to the guilt…

2Cited by14 opinions

  1. Buel v. StateWisconsin Supreme Court · 1899
  2. State v. DombrowskiWisconsin Supreme Court · 1969
  3. State v. CohenSupreme Court of Iowa · 1899
  4. Commonwealth v. RussellMassachusetts Supreme Judicial Court · 2015
  5. Whitmore v. StateWisconsin Supreme Court · 1973

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