State v. Leppere
Wisconsin Supreme Court
EXCEPTIONS from the Circuit Court for Brown County. The case is thus stated by Mr. Justice Cassoday: “ The defendant was charged with the murder, and also with the manslaughter, of Byron Simpson, in Brown county, September 21, 1885. He was tried at the November term of the circuit court for that county.
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EXCEPTIONS from the Circuit Court for Brown County. The case is thus stated by Mr. Justice Cassoday: “ The defendant was charged with the murder, and also with the manslaughter, of Byron Simpson, in Brown county, September 21, 1885. He was tried at the November term of the circuit court for that county. It was admitted on the trial that Simpson was killed on the night of September 27, 1885, by the discharge of a loaded gun in or near the door of a shanty near the mouth of the Fox river, in said county. The theory of the prosecution was that the gun was at the time in the hands of the…
1Opinion of the CourtCassoday, J.
1. Exception is taken because the court charged the jury: “If you find it to be the fact that the gun was accidentally discharged, as testified to by the prisoner, or by the apt of Helen Fileo, then you must find the prisoner not guilty.” It is said that this instruction “ substantially told the jury that the burden of. proof as to the defense was on the defendant,” whereas the defendant “ was entitled to the benefit of every reasonable doubt.” But this instruction was more favorable than the one requested by the defendant’s counsel in these words: “If the jury find that the gun went off…
2Cases cited8 opinions
- Hogan v. StateWisconsin Supreme Court · 1874
- Williams v. StateWisconsin Supreme Court · 1884
- Boyle v. StateWisconsin Supreme Court · 1884
- Smith v. DragertWisconsin Supreme Court · 1884
- Hoffmann v. StateWisconsin Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jackson v. StateWisconsin Supreme Court · 1892
- Schutz v. StateWisconsin Supreme Court · 1905
- Sweda v. StateWisconsin Supreme Court · 1932
- State v. HanksWisconsin Supreme Court · 1948
- State v. McAlisterCourt of Appeals of Wisconsin · 2018