Legal Opinion

Schmidt v. State

Wisconsin Supreme Court

Decided June 25, 1919PublishedCited by 5 opinions

Error to review a judgment of the municipal court of Milwaukee county. A. C. Backus, Judge. The plaintiff in error, hereinafter called the defendant, having waived a jury trial was convicted in the municipal court of Milwaukee county of forgery of a bank check for $6, and brings his writ of error to reverse the judgment. The actual facts were not greatly in dispute, but rather the inferences of fact to be deduced therefrom.

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Error to review a judgment of the municipal court of Milwaukee county. A. C. Backus, Judge. The plaintiff in error, hereinafter called the defendant, having waived a jury trial was convicted in the municipal court of Milwaukee county of forgery of a bank check for $6, and brings his writ of error to reverse the judgment. The actual facts were not greatly in dispute, but rather the inferences of fact to be deduced therefrom. The defendant was engaged in the piano and phonograph business in Milwaukee in 1917 and the early part of 1918, and the complaining witness, Junkerman, whose name is…

1Opinion of the CourtWinslow, C. J.

Two contentions are made by the defendant, viz.: (1) the funds on deposit in the East Side Bank were in fact his own funds, hence the check was drawn on his own bank account; and (2) no intention to defraud any one appears from the evidence, especially in view of the fact that no attempt was made to imitate Junkerman’s signature.'

As to the first contention it may freely be admitted that there was room in the evidence to find that the account at the East Side Bank was in fact the defendant’s account kept in Junkerman’s name, but, on the other hand, Junkerman’s testimony was positive that it…

2Cited by5 opinions

  1. State v. CarterWisconsin Supreme Court · 1969
  2. State v. ChristophersonWisconsin Supreme Court · 1967
  3. Cooper v. StateNebraska Supreme Court · 1932
  4. State v. EricksonWisconsin Supreme Court · 1972
  5. State v. ArndtWisconsin Supreme Court · 1946

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