Boyle v. State
Wisconsin Supreme Court
EEEOE to the Circuit Court for Columbia County. The plaintiff in error was charged with the murder of his wife, and at the first trial was found guilty of murder in the second degree. The judgment was reversed and a new trial ordered. See 57 Wis. 472, where the circumstances attending the death of the wife are stated. The venue Avas then changed to Columbia county. The evidence given on the second trial will sufficiently appear from the opinion.
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EEEOE to the Circuit Court for Columbia County. The plaintiff in error was charged with the murder of his wife, and at the first trial was found guilty of murder in the second degree. The judgment was reversed and a new trial ordered. See 57 Wis. 472, where the circumstances attending the death of the wife are stated. The venue Avas then changed to Columbia county. The evidence given on the second trial will sufficiently appear from the opinion. The following portion of the charge to the jury Avas excepted to by the defendant: “ I now pass to the definition- of manslaughter in the second…
1Opinion of the Court
Cole, O. J.
On the second trial of this cause, as on the first (see 57 Wis. 472), the real difficult question to determine was whether the death of defendant’s wife was caused by violence applied by some person, or whether it was the result of her debauch. The clear and decided weight of the medical testimony tended to prove that the deceased died from strangulation, choking, or suffocation, which produced asphyxia; but what means were employed to produce asphyxia was left to inference. As observed by Mr. Justice Taylor, in his opinion in 57 Wis., the theory of the prosecution was that the…
2Cases cited6 opinions
- Boyle v. StateWisconsin Supreme Court · 1883
- People v. BemisMichigan Supreme Court · 1883
- State v. MoelchenSupreme Court of Iowa · 1880
- State v. GreenSupreme Court of Connecticut · 1868
- Albricht v. StateWisconsin Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dietz v. StateWisconsin Supreme Court · 1912
- Roberts v. StateSupreme Court of Georgia · 1905
- Montgomery v. StateWisconsin Supreme Court · 1906
- Porter v. StateIndiana Supreme Court · 1910
- Carthaus v. StateWisconsin Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.