Jambor v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Racine County. The facts are sufficiently stated in the opinion. contended, inter alia, that the trial court erred in its instruction as to intent. In all cases of an attempt to kill by means not constituting an assault, no force is directed against the person whose death, is intended, and therefore it is necessary to have some evidence, other than the acts of the defendant, to show the intent with which the act is done.
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ERROR to the Circuit Court for Racine County. The facts are sufficiently stated in the opinion. contended, inter alia, that the trial court erred in its instruction as to intent. In all cases of an attempt to kill by means not constituting an assault, no force is directed against the person whose death, is intended, and therefore it is necessary to have some evidence, other than the acts of the defendant, to show the intent with which the act is done. In the case of ah assault with intent to kill, where force is used against the person whose death is meditated, the act itself may prove the…
1Opinion of the CourtCole, C. J.
It was charged in the information that the plaintiff in error, the defendant below, did, at the city of Racine, Wisconsin, on the 15th day of June, 1886, attempt to murder Martin M. Secor by means not constituting an assault. The information charges that the means by which the crime was attempted to be committed was a metallic bomb containing loose nails and pieces of iron, and charged with a quantity of powerful explosives, to explode the same with deadly force and violence against the body of said M. M. Secor, and which bomb was so arranged with strings and appliances as to cause it to…
2Cases cited2 opinions
- Williams v. StateWisconsin Supreme Court · 1884
- State ex rel. Dilworth v. BraunWisconsin Supreme Court · 1872
3Cited by4 opinions
- Vogel v. StateWisconsin Supreme Court · 1909
- State v. GraysonNew Mexico Supreme Court · 1946
- Birmingham v. StateWisconsin Supreme Court · 1911
- Slensby v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1897