State ex rel. Labuwi v. Hathaway
Wisconsin Supreme Court
Error to. review an order of the circuit court for Dodge county: Martin L. Luecic, Circuit Judge. The relator was arrested upon a complaint charging in the first count that on the 4th day of July, 1917, at Neosho, Dodge county, this state, he did unlawfully and feloniously obtain from divers persons therein named certain specified sums of money by means and use of the confidence game mentioned in sec. 4568m, Stats. 1917. The second count as amended alleged that the relator,…
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Error to. review an order of the circuit court for Dodge county: Martin L. Luecic, Circuit Judge. The relator was arrested upon a complaint charging in the first count that on the 4th day of July, 1917, at Neosho, Dodge county, this state, he did unlawfully and feloniously obtain from divers persons therein named certain specified sums of money by means and use of the confidence game mentioned in sec. 4568m, Stats. 1917. The second count as amended alleged that the relator, at the time and place mentioned, “contriving and fraudulently intending to cheat and defraud the people of the state of…
1Opinion of the CourtVinje, J.
The relator claims that the complaint and evidence are insufficient to show that any offense known to the law was committed, because at best they show only a promise to do something in the future, and that the failure to fulfil such a promise is not an offense. The state argues that the complaint and evidence show any one of three distinct offenses, namely: (1) playing the confidence game mentioned in sec. 4568», Stats. 1917; (2) a gross fraud or cheat at common law under sec. 4430; and (3) obtaining money under false pretenses as defined by sec. 4423.
Without attempting to define the…
2Cases cited7 opinions
- State v. BriggsSupreme Court of Kansas · 1906
- State v. FooksSupreme Court of Iowa · 1884
- Thomas v. . the PeopleNew York Court of Appeals · 1866
- Baker v. StateWisconsin Supreme Court · 1903
- Commonwealth v. StevensonMassachusetts Supreme Judicial Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. HintzWisconsin Supreme Court · 1930
- State v. LabuwiWisconsin Supreme Court · 1920
- Frank v. State Ex Rel. MeiersWisconsin Supreme Court · 1944
- Brockman v. StateWisconsin Supreme Court · 1927