Lanphere v. State
Wisconsin Supreme Court
ERROR to review a judgment of the circuit court for Clark county: I). H. JoimsoN, Judge. Writ of error to review the conviction of plaintiff in error of the crime of rape on a female under the age of consent. The cause was twice tried. On the first trial the jury were unable to agree upon a verdict, and the judge, exercising his discretionary power in the premises, discharged them and ordered the accused held for another trial.
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ERROR to review a judgment of the circuit court for Clark county: I). H. JoimsoN, Judge. Writ of error to review the conviction of plaintiff in error of the crime of rape on a female under the age of consent. The cause was twice tried. On the first trial the jury were unable to agree upon a verdict, and the judge, exercising his discretionary power in the premises, discharged them and ordered the accused held for another trial. The venue was thereafter duly changed to Clark county, and the cause was in due time brought on for trial before the circuit court for such county, Hon. D. H.…
1Opinion of the Court
The following opinion was filed February 18, 1902:
Maeshall, J.
The plea in bar did not tender any issue of fact as to which there could be, in the nature of things, any controversy to be established by evidence dehors the record. All matters of evidence of the facts alleged were a part of the recorded history of the trial. Therefore, the question of whether the special plliraiould be sustained or overruled was wholly one of law and was properly decided by the court. The jury had no duty to perform in respect thereto whatever. Jackson v. State, 91 Wis. 253, 64 N. W. 838; Campbell v. *198State, 111…
2Cases cited14 opinions
- Proper v. StateWisconsin Supreme Court · 1893
- Morton v. PeopleIllinois Supreme Court · 1868
- Jackson v. StateWisconsin Supreme Court · 1895
- McAllister v. StateWisconsin Supreme Court · 1901
- People v. MonaghanCalifornia Supreme Court · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- People v. JenningsIllinois Supreme Court · 1911
- Gauthier v. StateWisconsin Supreme Court · 1965
- People v. GrayIllinois Supreme Court · 1911
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- People v. . ThompsonNew York Court of Appeals · 1914
28 more not listed; retrieve them via the Exa API.