Birker v. State
Wisconsin Supreme Court
Error to review a judgment of the circuit court for Oneida county: W. O. Silverthorh, Circuit Judge. The plaintiff in error was tried at the May, 1902, term of the circuit court for Oneida county.
Read the full summary
Error to review a judgment of the circuit court for Oneida county: W. O. Silverthorh, Circuit Judge. The plaintiff in error was tried at the May, 1902, term of the circuit court for Oneida county. He was duly arraigned on an information filed by the district attorney, charging “that on the 5th day of April, A. D. 1902, at said county, John Birker, being then and there armed with a dangerous weapon, to wit, a large pocketlmife, did make an assault upon one Robert Hawthorne with said knife, with intent the said Robert Hawthorne to kill and murder.” Upon the evidence received on the trial, the…
1Opinion of the CourtSiebecker, J.
In State v. Yanta, 71 Wis. 669, 38 N. W. 333, this court held that an information charging assault with intent to kill and murder could not sustain a conviction of assault with intent to do great bodily harm. The decision rested mainly upon the opinion in Kilkelly v. State, 43 Wis. 604, wherein defendant was convicted of assault with intent to maim and disfigure, upon an information charging assault with intent to murder. It was properly held in the *110Kilkelly Case that such conviction could not be sustained, because the lesser offense is not necessarily included in the greater. The decision…
2Cases cited11 opinions
- Porath v. StateWisconsin Supreme Court · 1895
- State v. WhiteSupreme Court of Iowa · 1876
- Kilkelly v. StateWisconsin Supreme Court · 1878
- People v. PragueMichigan Supreme Court · 1888
- State v. JohnsonNorth Dakota Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. JenkinsCourt of Appeals of Maryland · 1986
- Laev v. StateWisconsin Supreme Court · 1913
- Montgomery v. StateWisconsin Supreme Court · 1908
- State v. BWisconsin Supreme Court · 1921
- State v. CarliWisconsin Supreme Court · 1957
6 more not listed; retrieve them via the Exa API.