State v. Vogel
Wisconsin Supreme Court
BEPOBTED from the Circuit Court for Washington County. This cause, while pending oh a motion to set aside the verdict, and for a new trial, was by the judge of said circuit court, under the statute (sec. 8, ch. 130, B. S.), reported to this court for its opinion on questions of law involved in the motion. cited Schumaker v. State, 5 Wis., 324; Keenan v. The State, % id., 132; State v. Cole, 17 id., 674; People v. Cancemi, 7 Abb., 271, 302-3. cited 18 N. Y., 128, 137; 37…
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BEPOBTED from the Circuit Court for Washington County. This cause, while pending oh a motion to set aside the verdict, and for a new trial, was by the judge of said circuit court, under the statute (sec. 8, ch. 130, B. S.), reported to this court for its opinion on questions of law involved in the motion. cited Schumaker v. State, 5 Wis., 324; Keenan v. The State, % id., 132; State v. Cole, 17 id., 674; People v. Cancemi, 7 Abb., 271, 302-3. cited 18 N. Y., 128, 137; 37 Miss., 407; 2 Bay, 150 ; 9 Dana, 203; Greenup v. Stokes, 3 Gilman, 202; 12 Wis., 519; Hollingsworth v. Fuane, 4 Dali., *353…
1Opinion of the CourtPaiNE, J.
The defendants, having been convicted of arson, moved for a new trial, on the ground that one of the jurors who found the verdict was an alien.
The following cases, cited by the counsel for the state, establish the rule that the mere alienage of a juror is not sufficient to justify the setting aside of a verdict, although it would have been good cause of challenge. Hollingsworth v. Duane, 4 Dallas, 353; State v. Quarrel, 2 Bay (S. C.), 150; State v. Fisher, 2 Nott & McCord, 261; Williams v. The State, *47237 Miss., 407; Presbury v. The Commonwealth, 9 Dana, 203; Greenup v. Stoker, 3 Gilman, 202;…
2Cases cited3 opinions
- Quinebaug Bank v. LeavensSupreme Court of Connecticut · 1849
- Williams v. StateMississippi Supreme Court · 1872
- Presbury v. CommonwealthCourt of Appeals of Kentucky · 1839
3Cited by17 opinions
- People v. . CosmoNew York Court of Appeals · 1912
- Hack v. StateWisconsin Supreme Court · 1910
- In re StaffWisconsin Supreme Court · 1885
- State v. PickettSupreme Court of Iowa · 1897
- Grottkau v. StateWisconsin Supreme Court · 1888
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