State v. Hammond
Wisconsin Supreme Court
REPORTED from tbe Eleventh Judicial Circuit. The case comes to this court on the report of the judge of the eleventh circuit, made pursuant to the statute. R. S., ch. 180, sec. 8 (Taj. Stats., 1946, § 8). The defendant was tried for an information against him for murder, and was convicted of murder in the third degreee.
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REPORTED from tbe Eleventh Judicial Circuit. The case comes to this court on the report of the judge of the eleventh circuit, made pursuant to the statute. R. S., ch. 180, sec. 8 (Taj. Stats., 1946, § 8). The defendant was tried for an information against him for murder, and was convicted of murder in the third degreee. The material facts are stated in such report as follows: “ Upon the trial it appeared in evidence that the defendant, while walking along a street of Ashland in the night, several of his acquaintances being near him, before and behind, going in the same direction, encountered…
1Opinion of the CourtLyon, J.
Murder in the third degree is the unlawful killing of a human being, without any design to effect death, by a person engaged in the commission of a felony. R. S., ch. 164, secs. 1 and 2 (Tay. Stats., 1826, §§ 1, 2). The verdict in this ease is, therefore, that the defendant did not design or intend the death of the deceased, but that he unlawfully killed him while he (the defendant) was engaged in the commission of some felony. It was doubtless entirely competent and proper for the jury to negative the proposition that the defendant intended to kill the deceased ; and if the evidence…
2Cases cited2 opinions
- Rowan v. StateWisconsin Supreme Court · 1872
- Foster v. . the PeopleNew York Court of Appeals · 1872
3Cited by11 opinions
- Hempton v. StateWisconsin Supreme Court · 1901
- Ross v. StateWisconsin Supreme Court · 1973
- Boyle v. StateWisconsin Supreme Court · 1883
- Pliemling v. StateWisconsin Supreme Court · 1879
- Hoffman v. StateWisconsin Supreme Court · 1894
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