Schumaker v. State
Wisconsin Supreme Court
At the September term, 1855, of the Milwaukee Circuit Court, the defendaht, with one Mathias Stein, was indicted for the murder of John L. Prevo, to which they severally pleaded not guilty, and were put upon their trial; whereupon Stein was convicted of murder in the second degree, and Schumaker of manslaughter in the first degree.
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At the September term, 1855, of the Milwaukee Circuit Court, the defendaht, with one Mathias Stein, was indicted for the murder of John L. Prevo, to which they severally pleaded not guilty, and were put upon their trial; whereupon Stein was convicted of murder in the second degree, and Schumaker of manslaughter in the first degree. This verdict was set aside as to the plaintiff in error, and he was again tried at the May term, 1856, and was again convicted of manslaughter in the first degree. A motion was made for a new trial, which was denied. A number of exceptions were taken to the ruling…
1Opinion of the Court
By the Court,
Cole, J.
This case comes to- this court on bill of exceptions and writ of error to the Milwaukee Circuit Court. The plaintiff in error, together with one Mathias Stein, was indicted at the September term of said court, 1855, for the murder of John L. Prevo. At the same term of that court, a trial was had, which resulted in the jury finding Stein guilty of murder in the second degree, and Schumaker guilty of manslaughter in the first degree. A motion was made for a new trial,-which was granted as to Schumaker.
At the last May term of said Circuit Court, a separate trial was had as…
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