Bernhardt v. State
Wisconsin Supreme Court
ERROE to the Circuit Court for Waukesha, County. The plaintiff in error was convicted of murder in the first degree. The information was as follows, omitting title, etc.: “ I, Alexander Cook, district attorney for said county, hereby inform the court that on the third day of May, in the year 1891, to wit, in the night time after the hour of midnight of the previous day, at said county, John Bernhardt did with force and arms wilfully, feloniously, and of his malice…
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ERROE to the Circuit Court for Waukesha, County. The plaintiff in error was convicted of murder in the first degree. The information was as follows, omitting title, etc.: “ I, Alexander Cook, district attorney for said county, hereby inform the court that on the third day of May, in the year 1891, to wit, in the night time after the hour of midnight of the previous day, at said county, John Bernhardt did with force and arms wilfully, feloniously, and of his malice aforethought, with one club, stake, or billet of wood in the hands of him, the said John Bernhardt, then and there had and held,…
1Opinion of the CourtOetoN, J.
The plaintiff in error was tried and convicted in the circuit court of the county of Waukesha of the crime of murder in the first degree for the killing of one Henry Schley on the 3d day of May, 1891. The facts are not material to any error assigned. The assignments of error will be disposed of in their order.
1. That the information does not charge the crime of murder in the first degree. Murder in the first degree is “ the killing of a human being when perpetrated from a premeditated design to effect the death of the person killed or of any human being.” Sec. 4338, R. S. We are able to…
2Cases cited4 opinions
- The People v. . RogersNew York Court of Appeals · 1858
- Rounds v. StateWisconsin Supreme Court · 1883
- Terrill v. StateWisconsin Supreme Court · 1889
- Faerber v. T. B. Scott Lumber Co.Wisconsin Supreme Court · 1893
3Cited by6 opinions
- Hempton v. StateWisconsin Supreme Court · 1901
- Colt v. United StatesCourt of Appeals for the Eighth Circuit · 1911
- State v. SawyerWisconsin Supreme Court · 1953
- Schutz v. StateWisconsin Supreme Court · 1905
- Collins v. StateWisconsin Supreme Court · 1902
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