Oborn v. State
Wisconsin Supreme Court
Ebboe to review a judgment of the circuit court for Winnebago county: Guo. W. Buenell, Circuit Judge. The plaintiff in error was informed against as having, on the 19th day of May, 1908, at the town of Amberg in Mari-nette county, Wisconsin, feloniously and with premeditated ■design, killed one Louis Tobaltz. Such proceedings were ■duly had that he was placed on trial on a plea of not guilty and a special plea of insanity.
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Ebboe to review a judgment of the circuit court for Winnebago county: Guo. W. Buenell, Circuit Judge. The plaintiff in error was informed against as having, on the 19th day of May, 1908, at the town of Amberg in Mari-nette county, Wisconsin, feloniously and with premeditated ■design, killed one Louis Tobaltz. Such proceedings were ■duly had that he was placed on trial on a plea of not guilty and a special plea of insanity. A verdict was duly rendered ■on the special issue in favor of the state. Before there was opportunity to proceed with the trial on the general issue, the circuit judge was…
1Opinion of the Court
The following opinion was filed Hay 24, 1910:
Maeshaxl, J.
The constitution (sec. 5, art. I) guaranteed the inviolability of the existing right of trial by jury; that, is, that it should continue as before the formation of the constitution. So the fundamental law contemplates a trial of all the issues in a criminal case before an impartial jury of twelve men, selected in the manner provided by law from the-vicinage where the crime was committed; that is of the previously ascertained jurisdiction within which the offense occurred. In harmony with that, sec. 7, art. I, of the constitution…
2Cases cited39 opinions
- Thompson v. United StatesSupreme Court of the United States · 1894
- Freeman v. PeopleNew York Supreme Court · 1847
- Emery v. StateWisconsin Supreme Court · 1899
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Bennett v. StateWisconsin Supreme Court · 1883
34 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- State v. CaddellSupreme Court of North Carolina · 1975
- State v. GreenUtah Supreme Court · 1931
- People v. TrocheCalifornia Supreme Court · 1928
- State v. EsserWisconsin Supreme Court · 1962
- State v. MendozaWisconsin Supreme Court · 1977
94 more not listed; retrieve them via the Exa API.