Duthey v. State
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Ohaeles Smith, Judge. Writ of error to review a conviction for murder in the second degree, for that the plaintiff in error, hereafter called the defendant, murdered his wife, on the Bd day of September, 1903, by shooting her. The proof of specific facts was almost without dispute.
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Appeal from a judgment of the superior court of Douglas county: Ohaeles Smith, Judge. Writ of error to review a conviction for murder in the second degree, for that the plaintiff in error, hereafter called the defendant, murdered his wife, on the Bd day of September, 1903, by shooting her. The proof of specific facts was almost without dispute. The defendant, thirty-eight years of age, a laborer, had been married about eight years to the deceased, who had two children, a girl and a boy, four and eight years •of age, respectively. He was domestic and industrious in habit and had accumulated…
1Opinion of the CourtDodge, J.
1. The most radical and conclusive assignment of error, though not the first in order on the brief, is the refusal of the trial court to submit any other degree of homicide than murder in the first and second degrees, although specifically requested in writing to submit third and fourth degrees of manslaughter. If the evidence, in any reasonable view, could support either of these lower degrees, this refusal was error; from which prejudice to the defendant is undeniable. Perkins v. State, 78 Wis. 551, 558, 47 N. W. 827; Terrill v. State, 95 Wis. 276, 291, 70 N. W. 356; Murphy v. State, 108…
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