Legal Opinion

Albricht v. State

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 5 opinions

ERROR TO THE MILWAUKEE CIRCUIT COURT. The defendant was indicted for manslaughter, for killing Herman Alhriclit, by a blow, with a chisel, upon the top of his head. And the indictment charges, “ that the said John C. Albricht, in manner and form aforesaid, feloniously, and in the heat of passion, without a design to effect death, with said chisel, the said chisel being a dangerous weapon, did kill,” &c.

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ERROR TO THE MILWAUKEE CIRCUIT COURT. The defendant was indicted for manslaughter, for killing Herman Alhriclit, by a blow, with a chisel, upon the top of his head. And the indictment charges, “ that the said John C. Albricht, in manner and form aforesaid, feloniously, and in the heat of passion, without a design to effect death, with said chisel, the said chisel being a dangerous weapon, did kill,” &c. On the trial of the indictment in the court below, the State called as a witness Louise E Geib, by whom the prosecutor offered to prove that the witness had seen the defendant strike the…

1Opinion of the Court

*77JBy the Cow't,

Corn J.

The plaintiff in error was indicted for manslaughter, for feloniously, in the heat of passion, and without a design to effect death, hilling by means of a dangerous weapon, to wit, a chisel, his son Herman Albricht. Hpon the trial of the canse, one Lonise E. Geib was called as a witness on the part of the State for the purpose of proving that she had seen the defendant strike his son, at a former time and times not connected with the transaction upon which the indictment was founded./This testimony was objected to for irrelevancy, and as not being admissible under the…

2Cited by5 opinions

  1. People v. SeamanMichigan Supreme Court · 1895
  2. Paulson v. StateWisconsin Supreme Court · 1903
  3. Topolewski v. StateWisconsin Supreme Court · 1906
  4. Boyle v. StateWisconsin Supreme Court · 1884
  5. State v. JusticeOregon Supreme Court · 1937

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