Fowle v. State
Wisconsin Supreme Court
ERROR to the Municipal Court of Milwaukee County. Information for larceny. The court refused to instruct the jury, at defendant’s request, to return a verdict in liis favor. After a verdict of guilty, a motion in:arrest of judgment, on the ground that the verdict was not supported by the evidence, was also denied, and judgment rendered against defendant, which is here sought to be reversed.
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ERROR to the Municipal Court of Milwaukee County. Information for larceny. The court refused to instruct the jury, at defendant’s request, to return a verdict in liis favor. After a verdict of guilty, a motion in:arrest of judgment, on the ground that the verdict was not supported by the evidence, was also denied, and judgment rendered against defendant, which is here sought to be reversed. They contended, 1. That a motion in arrest of judgment does not reach defects in the evidence, but only matters of strict record. 1 Bishop Cr. Proc., 1108, citing 4 Bin., 2287; 1 Ld. Raym., 231; 1 Salk.,…
1Opinion of the CourtCole, J.
In view of the evidence it was surely not error for the municipal court to refuse to direct the jury to acquit the defendan t. He was charged in the information with feloni-ously stealing arid carrying away six lambs and a sheep, on the 27th day of September, of the value, etc., property of William McKay. It is said that there was no evidence given on the trial from which the jury would be warranted in finding that the property was ever stolen. The owner, McKay, testified that he missed from his yard, on the morning of September 28, 1877, six lambs and a wether, of the description given by…
2Cited by3 opinions
- State v. ParryNew Mexico Supreme Court · 1920
- State v. JohnsonWisconsin Supreme Court · 1960
- State v. JohnsonWisconsin Supreme Court · 1960