Legal Opinion

Cupps v. State

Wisconsin Supreme Court

Decided February 23, 1904PublishedCited by 43 opinions

EekoR to review a judgment of the circuit court for Clark county: Chas. M. Webb, Judge. ' November 21, 1900, at about two o’clock a. m., Ollie-O’Dell, the keeper of a house of ill fame, located a short distance from Stanley, Clark county, Wisconsin, was there fatally shot by some one. Death occurred a few moments-after the wound was inflicted- There were no witnesses to the homicide except plaintiff in error and one Ole Gustad.

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EekoR to review a judgment of the circuit court for Clark county: Chas. M. Webb, Judge. ' November 21, 1900, at about two o’clock a. m., Ollie-O’Dell, the keeper of a house of ill fame, located a short distance from Stanley, Clark county, Wisconsin, was there fatally shot by some one. Death occurred a few moments-after the wound was inflicted- There were no witnesses to the homicide except plaintiff in error and one Ole Gustad. They were jointly informed against as having with malice aforethought taken the life of Mrs. O’Dell. Separate trials were granted. Gustad was tried first and…

1Opinion of the Court

The following opinion was filed November 17, 1903:

Maeshall, J.

The main contention upon which counsel for plaintiff in error relies for a reversal is that the evidence was not sufficient to warrant a conviction of murder in the first degree if of any offense; though it does not seem to be urged with confidence but that the evidence justified a conviction of guilty of some homicidal offense. Preliminary to the discussion of such contention we will briefly state the ■salient evidentiary facts which- the testimony either established or so strongly tended to prove as to warrant the jury in finding…

2Cases cited20 opinions

  1. Pointer v. United StatesSupreme Court of the United States · 1894
  2. Hempton v. StateWisconsin Supreme Court · 1901
  3. Hogan v. StateWisconsin Supreme Court · 1874
  4. Dickerson v. StateWisconsin Supreme Court · 1880
  5. Fertig v. StateWisconsin Supreme Court · 1898

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

3Cited by43 opinions

  1. Oborn v. StateWisconsin Supreme Court · 1910
  2. Johnson v. StateWisconsin Supreme Court · 1906
  3. North v. StateSupreme Court of Florida · 1952
  4. State v. StorteckyWisconsin Supreme Court · 1956
  5. People v. . SantoroNew York Court of Appeals · 1920

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

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