Legal Opinion

French v. State

Wisconsin Supreme Court

Decided May 23, 1893PublishedCited by 26 opinions

ERROR to the Circuit Court for Ashlcmd County. The facts are stated in the 'opinion. They argued, among other things, that the prisoner must be present throughout a trial for felony, and especially for homicide; that this presence must appear by the record; that its failure so to appear by record is reversible error, reached by a writ of error, and a violation of art. XIY, Amend. Const, of U. S., by depriving the accused of liberty without due process of law.

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ERROR to the Circuit Court for Ashlcmd County. The facts are stated in the 'opinion. They argued, among other things, that the prisoner must be present throughout a trial for felony, and especially for homicide; that this presence must appear by the record; that its failure so to appear by record is reversible error, reached by a writ of error, and a violation of art. XIY, Amend. Const, of U. S., by depriving the accused of liberty without due process of law. Sec.u4693, R. S.; art. YI, Amend. Const, of U. S.; sec. I-, art. I, Const, of Wis.; Whart. Crim. PI. & Pr. (9th ed.), §§ 540, 545, 549;…

1Opinion of the CourtOiitoN, J.

The plaintiff in error was tried, convicted, and sentenced for the murder of Gavin M. Steel on the 5th day of March, 1891. A motion in arrest of judgment and a motion for a new trial were overruled. The ease comes before this court on writ of error; and a great many errors are assigned for the reversal of the judgment. The first two errors assigned and urged by the learned counsel of the plaintiff in error appear by the record, and are of the gravest importance and material, and in our opinion are fatal to the conviction. It is necessary to consider only these, as a new trial must be had in…

2Cases cited21 opinions

  1. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  2. Ball v. United StatesSupreme Court of the United States · 1891
  3. Sylvester v. StateSupreme Court of Alabama · 1881
  4. Dyson v. StateMississippi Supreme Court · 1872
  5. State v. JonesSupreme Court of Missouri · 1875

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

3Cited by26 opinions

  1. State Ex Rel. La Follette v. RaskinWisconsin Supreme Court · 1967
  2. In Re the Complaint Against Judge GradyWisconsin Supreme Court · 1984
  3. Wilson v. StateWisconsin Supreme Court · 1973
  4. Ramer v. StateWisconsin Supreme Court · 1968
  5. In re CarlsonWisconsin Supreme Court · 1922

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

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