Dunn v. State
Wisconsin Supreme Court
ERROR to review a judgment of the municipal court of Milwaukee county: A. C. Brazee, Judge. The plaintiff in error was arrested in Milwaukee April 1, 1899. The information charged him and one Frank Foley— alias Kid Foley- — with having on October 3, 1898, willfully, feloniously, and of their malice aforethought, killed and murdered one Emil Lieber, contrary to the statute in such case made and provided, and against the peace and dignity of the state of Wisconsin.
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ERROR to review a judgment of the municipal court of Milwaukee county: A. C. Brazee, Judge. The plaintiff in error was arrested in Milwaukee April 1, 1899. The information charged him and one Frank Foley— alias Kid Foley- — with having on October 3, 1898, willfully, feloniously, and of their malice aforethought, killed and murdered one Emil Lieber, contrary to the statute in such case made and provided, and against the peace and dignity of the state of Wisconsin. Upon being arrested and arraigned in the municipal court for Milwaukee county, and the information being read to him, he pleaded…
1Opinion of the CourtCassoday, C. J.
It is conceded that Emil Lieber was murdered by somebody at the time and place mentioned in the *86testimony. On being arraigned,-the plaintiff in error pleaded “Not guilty;” and, in the language of the trial court in charging the jury, be “interposed as a defense what is known in law as an ‘alibi/ that is, that be was at the time of the killing of Lieber at another and different place than that in which the crime was committed, and therefore was not and could not have been the person, or one of the persons, who committed the same.” In the same connection the court charged the jury that “such…
2Cases cited5 opinions
- Wilson v. United StatesSupreme Court of the United States · 1893
- Hall v. United StatesSupreme Court of the United States · 1893
- Andrews v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897
- Martin v. StateWisconsin Supreme Court · 1891
- MacCarthy v. WhitcombWisconsin Supreme Court · 1901
3Cited by10 opinions
- Commonwealth v. RichmondMassachusetts Supreme Judicial Court · 1911
- Reichhoff v. StateWisconsin Supreme Court · 1977
- People v. . MinkowitzNew York Court of Appeals · 1917
- State v. BuxtonSupreme Court of Connecticut · 1907
- State v. SpringWisconsin Supreme Court · 1970
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