Legal Opinion

State v. Kane

Wisconsin Supreme Court

Decided April 28, 1885PublishedCited by 5 opinions

REPORTED from, the Circuit Court for Milwaulcee Countj. The case is stated in the opinion. The offense .charged is a statutory one, and the words “ not adjoining,” etc., being descriptive of the offense must be pleaded. Sec. 4109, R. S., is first found as sec. 11, p. 352, Terr.

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REPORTED from, the Circuit Court for Milwaulcee Countj. The case is stated in the opinion. The offense .charged is a statutory one, and the words “ not adjoining,” etc., being descriptive of the offense must be pleaded. Sec. 4109, R. S., is first found as sec. 11, p. 352, Terr. Stats, of 1839, which with sec. 12 is identical with secs. 11, 12, R. S. of Mich, of 1838; then as sec. 11, ch. 134, R. S. 1849, and sec. 11, ch. 165, R. S. 1858, which are identical with sec. 12, p. 1512, Comp. Laws of Mich, of 1857. As early as 1860 the Michigan court adopted the construction here contended for.…

1Opinion of the CourtObtoN, J.

The defendants were tried and found guilty on the following information, to wit: That they on, etc., and at, etc., “ the store building of Iienry Koch, Jr., as the administrator, etc., there situate, in the night time of the same day, then and there .unlawfully, feloniously, and bur-glariously, did break and enter, with intent then and there the goods, chattels, and property of said Henry Koch, Jr., as administrator, then and there in the said store building being found, then and there feloniously and burglariously to steal, take, and carry away, contrary to the statute,” etc. Pending a…

2Cases cited8 opinions

  1. Barnett's Adm'r v. Barnett's Adm'rCourt of Appeals of Kentucky · 1858
  2. Revill v. PettitCourt of Appeals of Kentucky · 1860
  3. Bell v. StateWisconsin Supreme Court · 1866
  4. In re BoothWisconsin Supreme Court · 1854
  5. Lacy v. StateWisconsin Supreme Court · 1862

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

3Cited by5 opinions

  1. Nicholls v. StateWisconsin Supreme Court · 1887
  2. Clark v. StateWisconsin Supreme Court · 1887
  3. Gillotti v. StateWisconsin Supreme Court · 1908
  4. Pooler v. StateWisconsin Supreme Court · 1897
  5. Egan v. StateWisconsin Supreme Court · 1908

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