Hoffman v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Marathon County. The plaintiff in error was tried upon an information charging him with murder in the first degree, by killing and murdering "William Herzog with a premeditated design to effect his death, and was found guilty of murder in the third degree, and sentenced to ten years imprisonment in, the state prison.
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ERROR to the Circuit Court for Marathon County. The plaintiff in error was tried upon an information charging him with murder in the first degree, by killing and murdering "William Herzog with a premeditated design to effect his death, and was found guilty of murder in the third degree, and sentenced to ten years imprisonment in, the state prison. He sued out a writ of error, and, after return to this court, it ivas assigned as error that there was nothing in the record to show that the plaintiff in error was personally present in court during the various stages of the trial and conviction.…
1Opinion of the CourtPiNNey, J.
1. It is insisted that under the decision in the case of French v. State, 85 Wis. 400, 409, the failure ofv the record, as it stood at the time the writ of error was sued out and return made, to show affirmatively that the accused was personally present at all the several stages of *174the trial and conviction, requires that the sentence and judgment of the court below should be reversed, and that the subsequent amendment of the record in these respects was without warrant of law and a nullity. The defects and omissions in the record were all the result of failure and neglect on the part of the…
2Cases cited16 opinions
- In Re WightSupreme Court of the United States · 1890
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- State v. ClarkSupreme Court of Missouri · 1853
- Bilansky v. StateSupreme Court of Minnesota · 1859
- French v. StateWisconsin Supreme Court · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lavelle Chambers v. Gary R. McCaughtry WardenCourt of Appeals for the Seventh Circuit · 2001
- State v. OimenWisconsin Supreme Court · 1994
- Brook v. StateWisconsin Supreme Court · 1963
- State v. DieboldWashington Supreme Court · 1929
- Boyer v. StateWisconsin Supreme Court · 1979
13 more not listed; retrieve them via the Exa API.