McBean v. State
Wisconsin Supreme Court
ERROR fco the Circuit Court fpr Oneida County. On November 16, 1890, the plaintiff in error, MxBean, was temporarily in charge of a saloon in the county of Oneida. On that night one Felix Taylor and his wife, Mollie, and his brother, Alexander, were stopping at said house, and were considerably under the influence of liquor. While there the said Mollie got into a controversy with some fellow because he had refused to dance with her.
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ERROR fco the Circuit Court fpr Oneida County. On November 16, 1890, the plaintiff in error, MxBean, was temporarily in charge of a saloon in the county of Oneida. On that night one Felix Taylor and his wife, Mollie, and his brother, Alexander, were stopping at said house, and were considerably under the influence of liquor. While there the said Mollie got into a controversy with some fellow because he had refused to dance with her. Felix interfered, and Me Bean came from behind the bar for the purpose of stopping them, Alexander then struck Me Bean, and knocked him down. Thereupon McBean…
1Opinion of the CourtCassoday, J.
This judgment must be reversed for manifest error upon the trial. The theory of the defense is that McBean shot Felix in self-defense. It is undisputed that, after the row in the barroom, McBean went into the kitchen and closed the door; that while there he was informed that Felix was coming downstairs with a gun or revolver; that about the same time he heard Felix’s revolver discharged upstairs; that very soon thereafter Felix and his brother, Alexander, came downstairs, when Felix’s revolver was again discharged. It was a very important question, upon *208the subject of such self-defense,…
2Cases cited7 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- Ryan v. Rockford InsuranceWisconsin Supreme Court · 1890
- Thomas v. ChapmanNew York Supreme Court · 1865
- Edmiston v. GarrisonWisconsin Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Midgett v. StateCourt of Appeals of Maryland · 1981
- Hempton v. StateWisconsin Supreme Court · 1901
- Havenor v. StateWisconsin Supreme Court · 1905
- Brown v. StateWisconsin Supreme Court · 1906
- La Guardia v. StateCourt of Appeals of Maryland · 1948
30 more not listed; retrieve them via the Exa API.