State v. Boliski
Wisconsin Supreme Court
Repoeted under sec. 4721, Stats., from tbe circuit court for Waupaca county: ByroN B. Pare, Circuit Judge. Prosecution under sec. 4411a, Stats. 1898, for being possessed of a “machine, tool or implement designed and adapted for cutting through, forcing or breaMng open any building, room, vault, safe or other depository, knowing the same to be designed and adapted for such purpose, with intent to use or employ the same therefor in order to steal from any building, room,…
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Repoeted under sec. 4721, Stats., from tbe circuit court for Waupaca county: ByroN B. Pare, Circuit Judge. Prosecution under sec. 4411a, Stats. 1898, for being possessed of a “machine, tool or implement designed and adapted for cutting through, forcing or breaMng open any building, room, vault, safe or other depository, knowing the same to be designed and adapted for such purpose, with intent to use or employ the same therefor in order to steal from any building, room, vault, safe or other depository any money or other property. ...” The accused having been duly informed against under such…
1Opinion of the CourtMaeshall, J.
It is considered that the bottle of nitroglycerine with the fuse and detonating cap clearly answer to the calls of the statute for a “tool, machine or implement,” adapted to the particular use mentioned therein, designed to that end, and intended to be used therefor.
The fact that the legislature by eh. 88, Laws of 1911, changed the statute so as to expressly include “nitroglycerine or other explosive” does not militate, necessarily, against an explosive in connection with a fuse and detonating cap being, in a proper sense, a machine, tool, or'implement, within the legislative meaning. It is…
2Cited by10 opinions
- State v. HefflinSupreme Court of Missouri · 1936
- State v. . VickSupreme Court of North Carolina · 1938
- German v. Wisconsin Department of TransportationWisconsin Supreme Court · 2000
- State v. KittilstadWisconsin Supreme Court · 1999
- Perkins v. StateWisconsin Supreme Court · 1973
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