Legal Opinion

Hall v. State

Wisconsin Supreme Court

Decided March 30, 1880PublishedCited by 5 opinions

EBBOB to the Municipal Court of Milwaul&ee County. 'Mall, having been convicted upon a criminal information under sec. 4410, B. S., took a writ of error to reverse the judgment. cited Ford v. State, 3 Pin., 449; People v. Murray, 8 Cal., 619; Carpenter v. Mixon, 5 Hill, 260; Shay v. People, 22 H. Y., 317. contended that there was no need to allege the kind or value of the goods intended to be stolen. 2 Bishop’s Crim.

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EBBOB to the Municipal Court of Milwaul&ee County. 'Mall, having been convicted upon a criminal information under sec. 4410, B. S., took a writ of error to reverse the judgment. cited Ford v. State, 3 Pin., 449; People v. Murray, 8 Cal., 619; Carpenter v. Mixon, 5 Hill, 260; Shay v. People, 22 H. Y., 317. contended that there was no need to allege the kind or value of the goods intended to be stolen. 2 Bishop’s Crim. Pro., sec. 142; Hunter v. State, 29 Ind., 80; lamed v. Commonwealth, 12 Met., 240; Comm. v. Williams, 2 Cush., 682; Bell v. State, 20 "Wis., 600; Portwood v. State, 29 Tex., 47.…

1Opinion of the CourtLyok, J.

The only question in this case is, whether an information for an offense under section 4410, R. S., p. 1046, *689is sufficient, tbe charge therein being that the accused broke and entered a certain dwelling-house in the day-time with intent feloniously to steal, take and carry away therefrom the goods and chattels of the owner. Counsel for plaintiff in error contends that petit larceny is not a felony under the statute definition of a felony (R. S., 1088, sec. 4637), and that the use of'the term “ or other felony,” in section 4410, plainly implies that only such larcenies are intended as are…

2Cases cited2 opinions

  1. Nichols v. StateWisconsin Supreme Court · 1874
  2. People v. MurrayCalifornia Supreme Court · 1857

3Cited by5 opinions

  1. Banker's Mutual Casualty Co. v. First National BankSupreme Court of Iowa · 1906
  2. State v. DemagSupreme Court of Vermont · 1954
  3. State v. HowsUtah Supreme Court · 1906
  4. Pooler v. StateWisconsin Supreme Court · 1897
  5. State v. KaneWisconsin Supreme Court · 1885

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