State v. B
Wisconsin Supreme Court
Error to review a judgment of the circuit court for Eau Claire county: James Wickham, Circuit Judge. Former jeopardy. Defendant was tried in the circuit court for Dünn county upon an information containing three counts; one charging the defendant with having, on the 3d day of September, 1916, committed the crime of rape upon one Edna Mann; the second count charged him with having committed the crime of adultery with one Edna Mann.
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Error to review a judgment of the circuit court for Eau Claire county: James Wickham, Circuit Judge. Former jeopardy. Defendant was tried in the circuit court for Dünn county upon an information containing three counts; one charging the defendant with having, on the 3d day of September, 1916, committed the crime of rape upon one Edna Mann; the second count charged him with having committed the crime of adultery with one Edna Mann. There was a third count for rape, which was abandoned upon the trial and will not be again referred to. All offenses charged were predicated upon the same…
1Opinion of the Court
Rosiínberry, J.
It is the contention of the defendant here that he cannot be further proceeded against because, first, he was upon the first trial acquitted of the charge of adultery; second, that upon the second trial the jury was sworn, and charged with his deliverance, and he was therefore placed in jeopardy and cannot again be placed in jeopardy for the same offense; and third, that the state is not entitled to sue out a writ of error to review the proceedings of the trial court because no statutoiy authority therefor exists.
We shall consider the second and third objections first, for if…
2Cases cited30 opinions
- Trono v. United StatesSupreme Court of the United States · 1905
- People v. SchmidtNew York Court of Appeals · 1915
- Oborn v. StateWisconsin Supreme Court · 1910
- People v. . SchmidtNew York Court of Appeals · 1915
- People v. . PalmerNew York Court of Appeals · 1888
25 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. MouldenCourt of Appeals of Maryland · 1982
- Markiewicz v. BlackSupreme Court of Colorado · 1958
- Belter v. StateWisconsin Supreme Court · 1922
- State v. GilmerWisconsin Supreme Court · 1930
- Miller v. StateWisconsin Supreme Court · 1937
5 more not listed; retrieve them via the Exa API.