Legal Opinion

Kopcyznski v. State

Wisconsin Supreme Court

Decided December 15, 1908PublishedCited by 6 opinions

ERROR to review a judgment of the circuit court for Marathon county: W. 0. Silverti-iorw, Circuit Judge. ' Plaintiff in error avus charged under sec. 4399, Stats. (1898), with burning the dwelling house of Julia Kopcyzn-ski, November 6, 1905, no person being lawfully therein. The cause was tried on a plea of not guilty. There was evidence to this effect: The accused at the time of the occurrence was the lawful husband of Julia Kopcyznski.

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ERROR to review a judgment of the circuit court for Marathon county: W. 0. Silverti-iorw, Circuit Judge. ' Plaintiff in error avus charged under sec. 4399, Stats. (1898), with burning the dwelling house of Julia Kopcyzn-ski, November 6, 1905, no person being lawfully therein. The cause was tried on a plea of not guilty. There was evidence to this effect: The accused at the time of the occurrence was the lawful husband of Julia Kopcyznski. They had lived on the farm on which the house was located for some twenty years before they separated as hereafter stated. Some time in 1904 the accused…

1Opinion of the CourtMaesiiall, J.

It is conceded, as the fact is, that — unless suggestions hereafter mentioned should be approved, giving to the words of tfie written law a different signification than tfie same words have commonly — tfie offense with which tfie accused was charged is the same as tfie common-law offense of felonious burning of tfie dwelling house of another, which relates to tfie security of the habitation of tfie person characterized as “another” regardless of tfie location of tfie title to tfie property. Tfie idea is that tfie structure burned, in any given case, is tfie property of tfie person named, as…

2Cases cited7 opinions

  1. Snyder v. PeopleMichigan Supreme Court · 1872
  2. May v. StateSupreme Court of Alabama · 1887
  3. Avant v. StateMississippi Supreme Court · 1893
  4. People v. WooleyCalifornia Supreme Court · 1872
  5. Burger v. StateNebraska Supreme Court · 1892

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

3Cited by6 opinions

  1. Commonwealth v. BrunoSupreme Court of Pennsylvania · 1934
  2. Boardman v. StateWisconsin Supreme Court · 1930
  3. Daniels v. CommonwealthSupreme Court of Virginia · 1939
  4. State v. DenisSupreme Judicial Court of Maine · 1973
  5. State v. ZempleSupreme Court of Minnesota · 1936

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

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