Benedict v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Portage County. Indictment for the murder of one MdNamee. On the trial the defendant excepted to the admission of certain evidence, the nature of which is stated in the opinion of the court.
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ERROR to the Circuit Court for Portage County. Indictment for the murder of one MdNamee. On the trial the defendant excepted to the admission of certain evidence, the nature of which is stated in the opinion of the court. After the testimony on both sides was closed, the record states in substance, that the judge decided, and declared to the jury, that in his opinion the several matters given in evidence on the part of the prosecution were sufficient to sustain the issue and convict the prisoner, and that the matters proved on his part were not sufficient to entitle him to a verdict of…
1Opinion of the Court
By the Court,
Dixon, O. J.
The objection of the prisoner’s counsel to the proposition of the prosecuting attorney to show by the witness Bachelor that, shortly before the commission of the alleged homicide, the prisoner, while exhibiting the knife with which he is charged to have committed it, said that he would take some man’s life before the next Sunday, was properly overruled, and the testimony of that and the other witnesses to the prisoner’s general threatening language, that the knife “would probably be the death of some person before the week was out,” that he “had made up his mind to…
2Cases cited2 opinions
- Keenan v. StateWisconsin Supreme Court · 1859
- In re KeenanWisconsin Supreme Court · 1859
3Cited by22 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- State v. GrantSupreme Court of Missouri · 1883
- State v. VanceWashington Supreme Court · 1902
- McDonald v. StateWisconsin Supreme Court · 1891
- Cupps v. StateWisconsin Supreme Court · 1904
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