Zingler v. State
Wisconsin Supreme Court
Eeboe to review a judgment of the circuit court for Marathon county: A. H. Reib, Circuit Judge. The plaintiff in error was convicted of the crime of murder in the second degree on an information charging that on the 24th day of February, 1910, he did wilfully, feloniously,, and of his malice aforethought hill and murder one Mary Nitsche, with a premeditated design then and there to effect the death of said Mary Nitsche.
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Eeboe to review a judgment of the circuit court for Marathon county: A. H. Reib, Circuit Judge. The plaintiff in error was convicted of the crime of murder in the second degree on an information charging that on the 24th day of February, 1910, he did wilfully, feloniously,, and of his malice aforethought hill and murder one Mary Nitsche, with a premeditated design then and there to effect the death of said Mary Nitsche. Mary Nitsche, a widow sixty-seven years old, lived about a block from the defendant, who was a widower fifty-two years of age. They were friends. About half past 7 o’clock on…
1Opinion of the CourtSiebeckeb, J.
It is averred by the plaintiff in error that the court erroneously submitted the case to the jury and permitted them to find him guilty of murder in the second degree, upon the ground that there was no evidence in the case to sustain such a verdict. The argument is made that, if it be found that the homicide was caused in the way heretofore stated, it conclusively appears from the opinion evidence in the case that the act which caused the death was committed through an impulse wholly devoid of any malice or animosity toward the deceased and hence cannot constitute murder in the second degree…
2Cases cited2 opinions
- Hogan v. StateWisconsin Supreme Court · 1874
- Cupps v. StateWisconsin Supreme Court · 1904
3Cited by4 opinions
- Sorenson v. StateWisconsin Supreme Court · 1922
- Datka v. StateWisconsin Supreme Court · 1954
- State v. SpearsCourt of Appeals of Wisconsin · 1988
- State v. SpearsCourt of Appeals of Wisconsin · 1988