McClellan v. State
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Waushara County. Tbe case is stated in tbe opinion. They contended, inter alia, that there was not sufficient evidence to sustain the conviction. Tbe proceeding is quasi criminal, and the defendant must be proved guilty beyond a reasonable doubt. Bakerv. State, 47 Wis. Ill; Van Tassel v. State, 59 id. 351. Tbe first instruction asked should have been given.
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ERROR to tbe Circuit Court for Waushara County. Tbe case is stated in tbe opinion. They contended, inter alia, that there was not sufficient evidence to sustain the conviction. Tbe proceeding is quasi criminal, and the defendant must be proved guilty beyond a reasonable doubt. Bakerv. State, 47 Wis. Ill; Van Tassel v. State, 59 id. 351. Tbe first instruction asked should have been given. McFarland v. People, 72 Ill. 369; State v. Danforth, 48 Iowa, 46. cited E-uehn v. Wilson, 13 Wis. 106; Mariner v. Pettibone, 14 id. 196; Fly v. Teseh, 17 id. 202; Bierbach v. Goodyear Rubber Go. 54 id. 208;…
1Opinion of the CourtOrtoN, J.
This is a prosecution for bastardy. Tbe evidence is very similar to that which is common in such cases. The mother, as the main witness for the state, testified positively that the defendant was the father of her child, *336and to the circumstances under which it was begotten. The child was born August 8, 1885, full grown. The menstruation of the mother had been regular early in the month, and occurred in October, 1884, the last time until after the child was born. In October the defendant had sexual connection with the complainant more than once at his father’s house in the night-time in her…
2Cases cited2 opinions
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1885
3Cited by7 opinions
- State v. ReeseUtah Supreme Court · 1913
- State v. NestavalSupreme Court of Minnesota · 1898
- Roberts v. StateWisconsin Supreme Court · 1893
- Johnson v. WalkerMississippi Supreme Court · 1905
- Suckow v. StateWisconsin Supreme Court · 1904
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