Winn v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Langlade County. Crowing out of a gambling and drinking debauch in a saloon at Antigo, in Langlade county, on October 23, 1889, a quarrel arose between the plaintiff in error, Lowell A. Winn, and one Defoy, one of the proprietors of the saloon, and it seems that Defoy assaulted Winn. The latter thereupon left the saloon, and went to his home, obtained a loaded revolver, and returned with the avowed intention of killing Defoy.
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ERROR to the Circuit Court for Langlade County. Crowing out of a gambling and drinking debauch in a saloon at Antigo, in Langlade county, on October 23, 1889, a quarrel arose between the plaintiff in error, Lowell A. Winn, and one Defoy, one of the proprietors of the saloon, and it seems that Defoy assaulted Winn. The latter thereupon left the saloon, and went to his home, obtained a loaded revolver, and returned with the avowed intention of killing Defoy. They met on the sidewalk in front of the saloon. There were also present one McNeil, the partner of Defoy, and Thomas Coates. Winn pointed…
1Opinion of the Court
Lyon, O. J.
1. The special plea in bar of this prosecution sufficiently avers that the charge of the -murder of Coates in the first information, and the charge of an assault with intent to murder Defoy in the present information, are predicated upon one and the same act of Winn. It is correctly argued in the plea, as it was at the bar, that if he committed the alleged felonious assault upon Defoy, and in doing so killed Coates, although unintentionally, he is *575guilty of murder. But tbe jury acquitted him of the crime of murder, and from that fact the inference is plausibly drawn that the jury…
2Cases cited4 opinions
- Dickerson v. StateWisconsin Supreme Court · 1880
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Manning v. StateWisconsin Supreme Court · 1891
- Smith v. ClarkeWisconsin Supreme Court · 1887
3Cited by18 opinions
- Hempton v. StateWisconsin Supreme Court · 1901
- People v. BrannonCalifornia Court of Appeal · 1924
- Porath v. StateWisconsin Supreme Court · 1895
- Fertig v. StateWisconsin Supreme Court · 1898
- Odette v. StateWisconsin Supreme Court · 1895
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