Schmidt v. State
Wisconsin Supreme Court
EbeoR to review a judgment of the circuit court for Oneida county: W. 0. SilverthorN, Circuit Judge. Information for murder committed by tbe plaintiff in error, hereinafter for brevity termed the defendant, upon one George Yieux, under substantially the following circumstances: Yieux was a large, powerful man, twenty-three years of age, abusive and quarrelsome when intoxicated, and defendant was a comparatively small man, fifty years of age, and on Christmas day, 1902, was…
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EbeoR to review a judgment of the circuit court for Oneida county: W. 0. SilverthorN, Circuit Judge. Information for murder committed by tbe plaintiff in error, hereinafter for brevity termed the defendant, upon one George Yieux, under substantially the following circumstances: Yieux was a large, powerful man, twenty-three years of age, abusive and quarrelsome when intoxicated, and defendant was a comparatively small man, fifty years of age, and on Christmas day, 1902, was in charge of a saloon at Three Lakes, Oneida county, Wisconsin. Yieux had been in such saloon once or more during the…
1Opinion of the CourtDodg-e, J.
The first assignment of error is that a conviction was not warranted. With this, after a careful examination of the evidence, we find ourselves unable to agree, although conceding that there is plenty of evidence which might have warranted a contrary conclusion by the jury. That defendant did not voluntarily discharge the pistol is declared by himself, and to some extent supported by other evidence, and the jury must have reached this conclusion in finding manslaughter in the fourth degree, for this, under the circumstances, must have consisted either in the accidental discharge of the pistol…
2Cases cited9 opinions
- Richards v. StateWisconsin Supreme Court · 1892
- Ryan v. StateWisconsin Supreme Court · 1902
- State v. HickamSupreme Court of Missouri · 1888
- Imhoff v. Chicago & Milwaukee Railway Co.Wisconsin Supreme Court · 1866
- Perkins v. StateWisconsin Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. MendozaWisconsin Supreme Court · 1977
- Miller v. StateWisconsin Supreme Court · 1909
- Dillon v. StateWisconsin Supreme Court · 1909
- Kwosek v. StateWisconsin Supreme Court · 1960
- Menn v. StateWisconsin Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.