Montgomery v. State
Wisconsin Supreme Court
Eesoe to review a judgment of tbe circuit court for Monroe county: J. J. Fruit, Circuit Judge. Tbe plaintiff in error, hereafter called tbe defendant, was convicted before tbe circuit court for Monroe county of having murdered his wife, Blanche Montgomery, on the 30th day of May, 1903, and prosecutes this writ of error to reverse the judgment.
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Eesoe to review a judgment of tbe circuit court for Monroe county: J. J. Fruit, Circuit Judge. Tbe plaintiff in error, hereafter called tbe defendant, was convicted before tbe circuit court for Monroe county of having murdered his wife, Blanche Montgomery, on the 30th day of May, 1903, and prosecutes this writ of error to reverse the judgment. A motion by the defendant for change of venue on account of the prejudice of the people was first interposed and overruled, after which successive pleas in bar and abatement were ■overruled, and the case proceeded to trial upon a plea of not guilty. It…
1Opinion of the CourtWmsnow, J.
The questions raised which we deem it necessary to decide will be considered in their natural order.
1. Upon the motion for change of venue there were filed a large number of affidavits tending to show that there was much popular excitement in a considerable part of Monroe county immediately following the death of Mrs. Montgomery, and much adverse feeling against the defendant; on the other hand, there was a much larger number of affidavits from many men of standing in various parts of the county to the effect that there was no popular prejudice against the defendant, and that he could receive…
2Cases cited12 opinions
- Great Falls Manufacturing Co. v. Attorney GeneralSupreme Court of the United States · 1888
- Hill v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Fertig v. StateWisconsin Supreme Court · 1898
- Richards v. StateWisconsin Supreme Court · 1892
- State v. LeichamWisconsin Supreme Court · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Selzer v. Brunsell Brothers, Ltd.Court of Appeals of Wisconsin · 2002
- State v. ComstockWisconsin Supreme Court · 1992
- Duthey v. StateWisconsin Supreme Court · 1907
- Tell v. WolkeWisconsin Supreme Court · 1963
21 more not listed; retrieve them via the Exa API.