Legal Opinion

Humphrey v. State

Wisconsin Supreme Court

Decided January 13, 1891PublishedCited by 4 opinions

ERROR to the Circuit Court for Grcmb County. The following statement of the case was prepared by Mr. Justice Cassoday: This is a prosecution for bastardy in which the plaintiff in error, Paul Humphrey, is charged with having begotten a child on the body of Lizzie McGuigan, June 25,1888. To that charge he pleaded not guilty.

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ERROR to the Circuit Court for Grcmb County. The following statement of the case was prepared by Mr. Justice Cassoday: This is a prosecution for bastardy in which the plaintiff in error, Paul Humphrey, is charged with having begotten a child on the body of Lizzie McGuigan, June 25,1888. To that charge he pleaded not guilty. It appears that Lizzie was twenty-three years of age at the time it is alleged the child was begotten, and that Paul was sixteen years of age the previous January. At the close of the trial, the jury returned a verdict of guilty; and it was thereupon adjudged that he was…

1Opinion of the CourtCassoday, J.

It is claimed that the verdict is not sustained by the evidence. This is based on the theory that the complaining witness is contradicted by disinterested *571witnesses in so many important particulars and by so many circumstances, that the jury were not justified in returning a verdict of guilty. However potent may have been such reasons when addressed to the trial court, vested with a broad discretion in the premises, yet, sitting as a court of review, we do not feel at liberty, on the record before us, to hold that there was an abuse of such discretion in refusing to set aside the verdict on…

2Cases cited2 opinions

  1. Grace v. McArthurWisconsin Supreme Court · 1890
  2. Williams v. RichesWisconsin Supreme Court · 1890

3Cited by4 opinions

  1. Diener v. Heritage Mutual InsuranceWisconsin Supreme Court · 1967
  2. Anderson v. StateUtah Supreme Court · 1925
  3. DeMund v. StateWisconsin Supreme Court · 1918
  4. Mensing. v. CroterCalifornia Supreme Court · 1930

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