State v. Wilner
Wisconsin Supreme Court
APPEAL from tbe Municipal Court of tbe City and County of MUwanckee. Tbe defendant, Josephvne A. Wilner, was prosecuted in said court, on an information of tbe district attorney of said county, wbicb charged ber with having, on the 2d day of March, 1876, at said county, wilfully, feloniously, and of ber malice aforethought, billed and murdered John E. Garner; and a verdict was found against ber. Prom a judgment pursuant to tbe verdict, this appeal was taken.
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APPEAL from tbe Municipal Court of tbe City and County of MUwanckee. Tbe defendant, Josephvne A. Wilner, was prosecuted in said court, on an information of tbe district attorney of said county, wbicb charged ber with having, on the 2d day of March, 1876, at said county, wilfully, feloniously, and of ber malice aforethought, billed and murdered John E. Garner; and a verdict was found against ber. Prom a judgment pursuant to tbe verdict, this appeal was taken. Tbe record is extremely voluminous, and manifold errors are assigned, wbicb were argued here at length; but the ground upon wbicb tbe…
1Opinion of the CourtRyan, C. J.
The defense in this case conceded the homicide, and rested on the insanity of the prisoner at the time of its commission. Evidence was given on behalf of the prisoner strongly tending to establish, not total insanity, but delusion connected with the fatal act and leading to it; showing-want of reason sufficient to enable ber to distinguish between-*306right and wrong in the act. 2 Greenl. Ev., § 372; Baldwin v. The State, 12 Mo., 233. This evidence tended to establish the jnisoner’s condition of mind, from time to time, for several years prior to the homicide.
The prisoner’s counsel requested the…
2Cases cited5 opinions
- Jackson v. Van DusenNew York Supreme Court · 1809
- Townshend v. TownshendCourt of Appeals of Maryland · 1848
- Baldwin v. StateSupreme Court of Missouri · 1848
- Crouse v. HolmanIndiana Supreme Court · 1862
- Wray v. WraySupreme Court of Alabama · 1858
3Cited by17 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- Hempton v. StateWisconsin Supreme Court · 1901
- Armstrong v. StateSupreme Court of Florida · 1892
- State Ex Rel. La Follette v. RaskinWisconsin Supreme Court · 1967
- Robert Muench v. Thomas Israel and Attorney General of Wisconsin, Richard Worthing v. Thomas R. IsraelCourt of Appeals for the Seventh Circuit · 1983
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