Miller v. State
Wisconsin Supreme Court
ERROR to review a judgment of the circuit court for Eau Claire county: JaMes O’Neill, Circuit Judge. The plaintiff in error was convicted of fnurder in the first degree in the circuit court for Eau Claire county, and prosecutes this writ of error to reverse that conviction. The leading facts of the homicide were not greatly in dispute.
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ERROR to review a judgment of the circuit court for Eau Claire county: JaMes O’Neill, Circuit Judge. The plaintiff in error was convicted of fnurder in the first degree in the circuit court for Eau Claire county, and prosecutes this writ of error to reverse that conviction. The leading facts of the homicide were not greatly in dispute. On the 15th of April, 1898, the defendant, Christian Miller, and his wife, occupied rooms on the second floor of a tenement house in the city of Eau Claire. The deceased, Willard Taylor, with his wife and children, occupied rooms in the same house and upon the…
1Opinion of the CourtWiNslow, J.
The killing of the deceased by the plaintiff in error with an ax was admitted in this case, but the contention in the trial court was that the homicide was not murder, because there was not sufficient time for the formation of the “ premeditated design to effect death ” which is essential to make the crime murder in the first degree.
Upon this question the following instruction was requested and refused, and the refusal is now assigned as error: “The court further instructs you that, though you may be convinced beyond a reasonable doubt that the defendant, at the time he delivered the blow,…
2Cases cited7 opinions
- Buel v. StateWisconsin Supreme Court · 1899
- Dickerson v. StateWisconsin Supreme Court · 1880
- Fertig v. StateWisconsin Supreme Court · 1898
- Perugi v. StateWisconsin Supreme Court · 1899
- Winn v. StateWisconsin Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cook v. StateSupreme Court of Florida · 1903
- Lanphere v. StateWisconsin Supreme Court · 1902
- State v. Dong SingIdaho Supreme Court · 1922
- Patnode v. WestenhaverWisconsin Supreme Court · 1902
- State v. ReeseUtah Supreme Court · 1913
8 more not listed; retrieve them via the Exa API.