Legal Opinion

Mainville v. State

Wisconsin Supreme Court

Decided November 16, 1920PublishedCited by 6 opinions

Error to review a judgment of the municipal court of Langlade county: Arthur Goodrich, Judge: Plaintiff in error, John Mainville, hereinafter called the defendant, was charged with the crime of an assault, being armed with a dangerous weapon, with intent to kill one Mrs. Lillie; also with assault under sec. 4374a-, Stats., and with án assault with intent to do great bodily harm under sec. 4377. He was convicted of the latter and sentenced to three yeárs’ imprisonment in the…

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Error to review a judgment of the municipal court of Langlade county: Arthur Goodrich, Judge: Plaintiff in error, John Mainville, hereinafter called the defendant, was charged with the crime of an assault, being armed with a dangerous weapon, with intent to kill one Mrs. Lillie; also with assault under sec. 4374a-, Stats., and with án assault with intent to do great bodily harm under sec. 4377. He was convicted of the latter and sentenced to three yeárs’ imprisonment in the state prison at Waupun. ' To review the correctness of such conviction he has sued out a writ of error to this court.

1Opinion of the Court

Vinje, J.-

Since only procedural errors are assigned the facts need not be stated in detail. It. appears that defendant was living in Antigo with his wife, who was about thirty years of age; that she had known one Parsons for over fifteen years. Parsons was a widower living with one Mrs. Lillie as his housekeeper, who defendant claims was also his mistress. Defendant further claims that Parsons had been intimate with his wife and that Mrs. Lillie had connived and assisted Parsons in securing such intimacy. It is claimed that the day before the shooting defendant first learned through his wife…

2Cases cited5 opinions

  1. Miller v. StateWisconsin Supreme Court · 1909
  2. Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
  3. Baker v. StateWisconsin Supreme Court · 1894
  4. Burns v. StateWisconsin Supreme Court · 1911
  5. Niezorawski v. StateWisconsin Supreme Court · 1907

3Cited by6 opinions

  1. State v. HarperSupreme Court of Louisiana · 1983
  2. Hammill v. StateWisconsin Supreme Court · 1979
  3. State v. MoffettWisconsin Supreme Court · 1970
  4. Tendrup v. StateWisconsin Supreme Court · 1927
  5. State v. WhitneyWisconsin Supreme Court · 1945

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