Werner v. State
Wisconsin Supreme Court
EeRos to review a judgment of the circuit court for Calumet county: Gbo. W. Buen ell, Circuit Judge. contended, inter ■alia, thftt in cases of this kind neither title nor right of possession is in issue. Jenkins v. State, 7 Tex. App. 146; State ■ex rel. Murphy v. Rising, 10 Nev. 97; Dawson v. State, 52 Ind. 478. The act must proceed from malice and that malice must be against the owner of the property, not against another person or the property itself.
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EeRos to review a judgment of the circuit court for Calumet county: Gbo. W. Buen ell, Circuit Judge. contended, inter ■alia, thftt in cases of this kind neither title nor right of possession is in issue. Jenkins v. State, 7 Tex. App. 146; State ■ex rel. Murphy v. Rising, 10 Nev. 97; Dawson v. State, 52 Ind. 478. The act must proceed from malice and that malice must be against the owner of the property, not against another person or the property itself. Oomm. v. Walden, 3 ■Cush. 558; State v. Robinson, 3 Dev. & B. Law, 130, 32 Am. Dec. 661; 1 Bish. Crim. Law, § 569; East, P. C. 1072 et seg.;…
1Opinion of the Court
Cassoday, C. J.. The plaintiff in error, after having been found guilty in a justice’s court and on appeal to the circuit court, was retried by a jury and found guilty “ as charged1 in the complaint,” of having, with others, October 29, 1893, at the village of Brillion in Calumet county, “with force and arms, wilfully, maliciously, and wantonly,” torn down, injured, and destroyed a building of the value of $50, situated on the lands therein described, then and there owned and possessed by William V. McMullen and Charles Brass, against the peace and dignity of the state of Wisconsin; and…
2Cases cited2 opinions
- Stucke v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
3Cited by6 opinions
- State v. TiffanyWashington Supreme Court · 1906
- Commonwealth v. ByardMassachusetts Supreme Judicial Court · 1908
- Palmer v. SmithWisconsin Supreme Court · 1911
- State v. BednarskiWisconsin Supreme Court · 1957
- Holleman v. City of TulsaCourt of Criminal Appeals of Oklahoma · 1945
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