Legal Opinion

Zoldoske v. State

Wisconsin Supreme Court

Decided June 15, 1892PublishedCited by 36 opinions

ERROR to the Circuit Court for Biohland County. An information was filed in the circuit court of Richland county, charging thó plaintiff in error with having on the 8th day of January, A. D. 1891, at said county, feloniously, wilfully, and with malice aforethought killed and murdered one Ella Maly, against the peace, etc.

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ERROR to the Circuit Court for Biohland County. An information was filed in the circuit court of Richland county, charging thó plaintiff in error with having on the 8th day of January, A. D. 1891, at said county, feloniously, wilfully, and with malice aforethought killed and murdered one Ella Maly, against the peace, etc. After pleading not guilty to the information, a change of venue was awarded to the circuit court for Grant county, where the case was tried and a verdict was rendered finding the plaintiff in er.ror guilty of murder in the first degree. Upon this verdict she was sentenced to…

1Opinion of the CourtPiNNEY, J.

1. It is earnestly contended by counsel for the defendant that in this case the corpus delicti, by which is meant the essential substance in law of the offense charged, has not been proved; that possession by the defendant of the deadly poison which clearly caused the death of Elia Maly has not been shown; that this is legally essential to a *597conviction. A passage in Wills, Circ. Ev. 219, founded on the case of Reg. v. Graham, at the Carlisle assizes, but which is not found in any report within our reach, is cited. The author lays it down that “ the possession of poisonous matter by the party…

2Cases cited14 opinions

  1. Hawes v. StateSupreme Court of Alabama · 1889
  2. Dexter v. HallSupreme Court of the United States · 1873
  3. Guetig v. StateIndiana Supreme Court · 1879
  4. Vosburg v. PutneyWisconsin Supreme Court · 1891
  5. Stearns v. . FieldNew York Court of Appeals · 1882

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

3Cited by36 opinions

  1. State v. BarfieldSupreme Court of North Carolina · 1979
  2. Marsh Wood Products Co. v. Babcock & Wilcox Co.Wisconsin Supreme Court · 1932
  3. State v. O'DonnellOregon Supreme Court · 1900
  4. Buel v. StateWisconsin Supreme Court · 1899
  5. Commonwealth v. SnellMassachusetts Supreme Judicial Court · 1905

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

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