Legal Opinion

Flynn v. State

Wisconsin Supreme Court

Decided September 28, 1897PublishedCited by 19 opinions

EbeoR to review a judgment of the circuit court for Bay-field county: John K. Rakish, Circuit Judge. ■ The plaintiff in error was convicted of the crime of murder in the second degree, on an information which charged that he “did feloniously, wilfully, and of malice aforethought, kill and murder one William Sullivan'.” When it came to the impaneling of the jury to try the cause, it appeared that several of the persons whose names were on the general panel for the term had…

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EbeoR to review a judgment of the circuit court for Bay-field county: John K. Rakish, Circuit Judge. ■ The plaintiff in error was convicted of the crime of murder in the second degree, on an information which charged that he “did feloniously, wilfully, and of malice aforethought, kill and murder one William Sullivan'.” When it came to the impaneling of the jury to try the cause, it appeared that several of the persons whose names were on the general panel for the term had been summoned on a special venire, which had been issued in blank as to the names of the persons to be summoned, and…

1Opinion of the CourtNewman-, J.

The plaintiff in error urges three several grounds of error on which he claims a reversal of the conviction : (1) “ The court erred in trying the defendant for murder in the first degree, when the information filed, and upon which the defendant was arraigned, charged the offense of murder in the second degree only; ” (2) “ the court erred in refusing to impanel the jury according to law;” and (3) “ the verdict is contrary to the evidence.”

1. The first ground of error is not happily stated. It is of little interest now upon what theory the plaintiff in error was tried, if his conviction of…

2Cases cited9 opinions

  1. Pierson v. . the PeopleNew York Court of Appeals · 1880
  2. Rowan v. StateWisconsin Supreme Court · 1872
  3. Hogan v. StateWisconsin Supreme Court · 1872
  4. Clifford v. StateWisconsin Supreme Court · 1883
  5. In re StaffWisconsin Supreme Court · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Emery v. StateWisconsin Supreme Court · 1899
  2. People v. NakisCalifornia Supreme Court · 1920
  3. Gatzow v. BueningWisconsin Supreme Court · 1900
  4. Johnson v. StateWisconsin Supreme Court · 1906
  5. Hack v. StateWisconsin Supreme Court · 1910

14 more not listed; retrieve them via the Exa API.

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