Legal Opinion

Rounds v. State

Wisconsin Supreme Court

Decided January 30, 1883PublishedCited by 17 opinions

ERROR to the Circuit Court for Divrm County. Information charging the defendants jointly with the murder of one Frank G-arrity, on May 22, 1881. The defendants pleaded not guilty. At the trial L. P. Wether by appeared as one of the attorneys for the state. The defendants asked leave of the court to inquire of him whether he was employed by the district attorney or by private individuals, but the court refused to grant the request.

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ERROR to the Circuit Court for Divrm County. Information charging the defendants jointly with the murder of one Frank G-arrity, on May 22, 1881. The defendants pleaded not guilty. At the trial L. P. Wether by appeared as one of the attorneys for the state. The defendants asked leave of the court to inquire of him whether he was employed by the district attorney or by private individuals, but the court refused to grant the request. The defendants then offered to show that Mr. Wether by was employed by private individuals and not by the state, but the offer was rejected, and the defendants…

1Opinion of the CourtOktoN, J.

The first exception in the record, although not noticed in the brief, is to the jury panel, on the ground that it was not kept full by special venire. The statute (sec. 2537, R. S.) leaves the matter of the number to be summoned to the discretion of the court.

The exceptions noticed in the brief of the learned counsel of the plaintiffs in error will be considered in their order.

First. Hon. L. P. Wetherby, an attorney at law, appeared to assist the district attorney in the prosecution. The counsel of the plaintiffs in error objected to such assistance, and the court overruled the objection.…

2Cases cited4 opinions

  1. Schumaker v. StateWisconsin Supreme Court · 1856
  2. Commonwealth v. DamMassachusetts Supreme Judicial Court · 1871
  3. Ketchingman v. StateWisconsin Supreme Court · 1858
  4. Lawrence v. StateWisconsin Supreme Court · 1880

3Cited by17 opinions

  1. Jenkins v. StateSupreme Court of Florida · 1895
  2. Born v. StateCourt of Criminal Appeals of Oklahoma · 1964
  3. Biemel v. StateWisconsin Supreme Court · 1888
  4. State v. GeorgeSupreme Court of Minnesota · 1895
  5. Reid v. ReidCalifornia Supreme Court · 1887

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