Legal Opinion

Biemel v. State

Wisconsin Supreme Court

Decided March 27, 1888PublishedCited by 31 opinions

ERROR to the Municipal Court of MilwauJcee County. The case is stated in the opinion. To the point that counsel receiving pay from private parties should not have been permitted to assist in the prosecution, they cited, besides cases cited in the opinion, Comm. v. Wilson, 2 Gush. 590; Comm. <0. TueJc, 20 Pick. 364; People v. Een-dryx, 58 Mich. 319. To the point that it was not error to permit private counsel to assist the district attorney in prosecuting the case, they cited…

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ERROR to the Municipal Court of MilwauJcee County. The case is stated in the opinion. To the point that counsel receiving pay from private parties should not have been permitted to assist in the prosecution, they cited, besides cases cited in the opinion, Comm. v. Wilson, 2 Gush. 590; Comm. <0. TueJc, 20 Pick. 364; People v. Een-dryx, 58 Mich. 319. To the point that it was not error to permit private counsel to assist the district attorney in prosecuting the case, they cited Bounds v. State, 57 Wis. 45; Lawrence v. State, 50 id. 507; State v. Bartlett, 55 Me. 200; State v. Wilson,24 Kan. 189;…

1Opinion of the Court

Taylor, J.'

The plaintiff in error was tried upon an information for the murder of one Pagel, in the municipal court of Milwaukee county. On the tidal, the plaintiff in error was convicted of manslaughter in the third degree. The plaintiff in error, upon the return of the verdict, moved the court to set aside the verdict, and grant a new trial, upon the minutes of the court, for the following reasons: (1) That the court erred in refusing to permit the defendant to show the employment of Mr. R: N. Austin, the attorney who appeared for the state, and his payment by private parties; and that the…

2Cases cited10 opinions

  1. Maher v. PeopleMichigan Supreme Court · 1862
  2. Hurd v. PeopleMichigan Supreme Court · 1872
  3. Meister v. PeopleMichigan Supreme Court · 1875
  4. State v. WilsonSupreme Court of Kansas · 1880
  5. State v. BartlettSupreme Judicial Court of Maine · 1867

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3Cited by31 opinions

  1. State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
  2. Frederick v. Douglas CountyWisconsin Supreme Court · 1897
  3. Emery v. StateWisconsin Supreme Court · 1899
  4. United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903
  5. State v. MontgomeryWashington Supreme Court · 1909

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