Roby v. State
Wisconsin Supreme Court
EeRoe to review a judgment of the circuit court for Columbia county: R. Gr. Siebeckee, Circuit Judge. This is a criminal action for the larceny of a bank draft for the sum of $310.50. The information contained a second ■count for receiving and concealing said draft knowing it to ■be stolen, and a general verdict of guilty was rendered, and ■to reverse the sentence thereon this writ of error was prosecuted.
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EeRoe to review a judgment of the circuit court for Columbia county: R. Gr. Siebeckee, Circuit Judge. This is a criminal action for the larceny of a bank draft for the sum of $310.50. The information contained a second ■count for receiving and concealing said draft knowing it to ■be stolen, and a general verdict of guilty was rendered, and ■to reverse the sentence thereon this writ of error was prosecuted. The evidence upon the trial showed that in the latter part of April, 1894, one August Afield found a letter on the highway containing a bank draft payable to the order of Luc}1- S. Eice in…
1Opinion of the CourtWinslow, J.
The letter of the bank cashier in Michigan to Mrs. Bice was clearly inadmissible. It was the unsworn ■statement of a man in Michigan not present at the trial .and not subject to cross-examination. Whether the statements contained in the letter were material or not, we regard its admission as prejudicial error, which must result in a reversal of the judgment. The defendant had a right to be tried upon evidence legally admissible. If the statements made in the letter concerned material facts in dispute and necessary to conviction, then the error is clearly prejudicial. If, on the other hand,…
2Cases cited1 opinion
- Sloane v. AndersonWisconsin Supreme Court · 1883
3Cited by15 opinions
- State Ex Rel. Lopez v. KilligrewIndiana Supreme Court · 1931
- State v. WinthropWashington Supreme Court · 1928
- Ricketts v. J. G. McCrory Co.Supreme Court of Virginia · 1924
- State v. CohenNevada Supreme Court · 1921
- State v. JacobsonSupreme Court of Missouri · 1941
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