Emery v. State
Wisconsin Supreme Court
ERROR to review a judgment of the circuit court for Wood county: W. F. Bailey, Judge. The plaintiffs in error were convicted of murder of ODe Peter Houston on the 2d day of June, 1893, and bring their writ of error. Upon the trial of the case it appeared without contradiction that Peter Houston, the deceased, while sitting in his own house, about twelve miles southeast of Grand Rapids in Wood county, was shot by some person on the outside of the house.
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ERROR to review a judgment of the circuit court for Wood county: W. F. Bailey, Judge. The plaintiffs in error were convicted of murder of ODe Peter Houston on the 2d day of June, 1893, and bring their writ of error. Upon the trial of the case it appeared without contradiction that Peter Houston, the deceased, while sitting in his own house, about twelve miles southeast of Grand Rapids in Wood county, was shot by some person on the outside of the house. At the time of the homicide, Peter was seated near an open window covered by mosquito netting. He was about twenty-one years of age, and his…
1Opinion of the CourtWinslow, J.
There was sufficient evidence to sustain the verdict, and the trial seems to have been in most respects fair and just, but there were two rulings made which, we think, were erroneous, and which necessitate reversal of the judgment.
1. The circuit judge charged the jury on the subject of reasonable doubt as follows: “ All men are presumed to be innocent of crime. No man can rightfully be convicted of crime until the legal presumption of innocence just mentioned shall have been overcome, and his guilt affirmatively proven beyond a reasonable doubt. Such proof of guilt can be made only by the…
2Cases cited5 opinions
- State v. DineenSupreme Court of Minnesota · 1865
- People v. CurtisMichigan Supreme Court · 1893
- Rounds v. StateWisconsin Supreme Court · 1883
- Anderson v. StateWisconsin Supreme Court · 1877
- Plano Manufacturing Co. v. FrawleyWisconsin Supreme Court · 1887
3Cited by8 opinions
- Emery v. StateWisconsin Supreme Court · 1899
- Buel v. StateWisconsin Supreme Court · 1899
- Butler v. StateWisconsin Supreme Court · 1899
- McAllister v. StateWisconsin Supreme Court · 1901
- Frank v. StateWisconsin Supreme Court · 1896
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