Legal Opinion

Kellar v. State

Wisconsin Supreme Court

Decided April 5, 1921PublishedCited by 11 opinions

ErroR to review a judgment of the circuit court for Oneida county: A. H. Reid, Circuit Judge. The plaintiffs in error, Harry Kellar and Anna Kloes, hereinafter called the defendants, were respectively convicted of the'offense of adultery and fornication. Harry Kellar was a married man and Anna Kloes a widow. To review such conviction they obtained separate writs of error, but by consent they are tried as one since both depend upon the same evidence and rulings of the court.

1Opinion of the CourtVinje, J.

It is earnestly urged that the evidence does not sustain the conviction. It is true that there is no direct evidence of the offense, but the facts and circumstances furnish a sufficient basis for the jury’s finding. The trial court was satisfied therewith and we cannot say, in view of such finding and approval, that we entertain any serious doubt as to its correctness. It would not profit the legal profession to set out the evidence which furnishes a sufficient warrant for the result reached by the jury. A conclusion as to the probative force of evidence is necessarily reached by a…

2Cases cited5 opinions

  1. Bianchi v. StateWisconsin Supreme Court · 1919
  2. Gerke v. StateWisconsin Supreme Court · 1913
  3. Central Railroad & Banking Co. v. GambleSupreme Court of Georgia · 1887
  4. Smitha v. Flournoy's Adm'rSupreme Court of Alabama · 1872
  5. Bruno v. StateWisconsin Supreme Court · 1920

3Cited by11 opinions

  1. George v. United StatesCourt of Appeals for the D.C. Circuit · 1942
  2. State v. DaleSouth Dakota Supreme Court · 1939
  3. State v. JacksonWisconsin Supreme Court · 1935
  4. State v. FrostSupreme Court of Minnesota · 1924
  5. Piper v. StateWisconsin Supreme Court · 1930

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