Legal Opinion

Roman v. State

Wisconsin Supreme Court

Decided January 15, 1877PublishedCited by 17 opinions

ERROR to tbe Circuit Court for Wwinebago County. ! Tbe case is stated in tbe opinion. Tbe cause was argued, by G. W. Felher for tbe plaintiff in error, and by tbe Attorney General for tbe state. tbe ’argument was substantially as follows: 1. Manslaughter is tbe unlawful killing of a human being without malice. 1 Archb. Crim. Law, 806. Murder is such killing with premeditation, malice, design. Upon proof of tbe killing, without anything else appearing, malice may be inferred.

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ERROR to tbe Circuit Court for Wwinebago County. ! Tbe case is stated in tbe opinion. Tbe cause was argued, by G. W. Felher for tbe plaintiff in error, and by tbe Attorney General for tbe state. tbe ’argument was substantially as follows: 1. Manslaughter is tbe unlawful killing of a human being without malice. 1 Archb. Crim. Law, 806. Murder is such killing with premeditation, malice, design. Upon proof of tbe killing, without anything else appearing, malice may be inferred. Rut if there is a previous assault, strong provocation, or other circumstances calculated to arouse passion, it is…

1Opinion of the CourtLyoN, J.

The plaintiff in error was informed against, tried and convicted for murder in the first degree, in the circuit court for Winnebago county. The court denied a motion for a new trial, and gave judgment in accordance with the verdict. The accused has brought the case to this court by writ of error, for review. A reversal of the judgment is claimed on two grounds: 1. Eor alleged error in the instructions given the jury; and 2. Eor misconduct of jurors.

I. The only portion of the instructions to which exceptions were taken, is as follows: “ The first inquiry, then, for you is, *314Was there in the…

2Cases cited2 opinions

  1. Hogan v. StateWisconsin Supreme Court · 1872
  2. Keenan v. StateWisconsin Supreme Court · 1859

3Cited by17 opinions

  1. State v. GreerWest Virginia Supreme Court · 1883
  2. Hempton v. StateWisconsin Supreme Court · 1901
  3. State v. FullerSupreme Court of North Carolina · 1894
  4. People v. ChuckCalifornia Supreme Court · 1889
  5. Brown v. StateWisconsin Supreme Court · 1906

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