Legal Opinion

Colbert v. State

Wisconsin Supreme Court

Decided June 23, 1905PublishedCited by 15 opinions

Eeboe to review a judgment of tbe circuit court for Outa-gamie county: Joi-iN GoodlaNd, Circuit Judge. Tbe plaintiff in error was prosecuted and convicted of the-crime of arson and brings writ of error.

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Eeboe to review a judgment of tbe circuit court for Outa-gamie county: Joi-iN GoodlaNd, Circuit Judge. Tbe plaintiff in error was prosecuted and convicted of the-crime of arson and brings writ of error. At about 4:40 o’clock on tbe morning of July 11, 1902, a> small frame building occupied by tbe plaintiff in error (hereafter called tbe “defendant”) as a millinery store and residence on tbe principal street of tbe village of Welcome (formerly Bear Creek), in Outagamie county, was found to be-on fire, and tbe building, with its entire contents, was totally destroyed, tbe fire spreading and…

1Opinion of the CourtWiNsnow, J.

The assignments of error are numerous. Those which seem necessary to be considered in order to .guide the trial court upon a new trial will be considered in their order.

1. At the opening of the .trial the late Lyman E. Barnes, of Appleton, appeared as an attorney assisting Mr. Wilcox, the district attorney, in the prosecution, and objection was made to his participation in the trial, based on affidavits tending to show on information and belief that he was the general attorney for the Chicago & Northwestern Railway Company at Appleton and was employed by that company 'to prosecute this action…

2Cases cited2 opinions

  1. French v. StateWisconsin Supreme Court · 1896
  2. Kollock v. StateWisconsin Supreme Court · 1894

3Cited by15 opinions

  1. Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
  2. Inklebarger v. StateCourt of Criminal Appeals of Oklahoma · 1912
  3. Koch v. StateWisconsin Supreme Court · 1906
  4. State v. SpringWisconsin Supreme Court · 1970
  5. Anderson v. StateWisconsin Supreme Court · 1907

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