Legal Opinion

Schaser v. State

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 7 opinions

ERROR to the Circuit Court for Pierce County. The plaintiffi in error, by his writ, brought here for review a judgment of the circuit court by which he was convicted of arson. The record being no longer on file in this court, the nature of the errors alleged must be learned from the opinion.

1Opinion of the CourtCole, J.

We are of the opinion that there must be a new .trial in this case, on account of the error of the court below in admitting improper testimony against the objection of the defendant. The most serious and material error, and one which could not fail to prejudice the case of the defendant in the minds of the jury, was in allowing the witness Lewis to state, on his re-direct examination, what he and others did about what is termed in the evidence the “buggy scrape.” The defendant was on trial for the crime of arson, and the direct and obvious tendency of the testimony referred to:Was to prove…

2Cited by7 opinions

  1. Paulson v. StateWisconsin Supreme Court · 1903
  2. State v. McGaheyNorth Dakota Supreme Court · 1893
  3. State v. BatesSupreme Court of Louisiana · 1894
  4. State v. McClardOregon Supreme Court · 1916
  5. Yanke v. StateWisconsin Supreme Court · 1881

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