Barczynski v. State
Wisconsin Supreme Court
ERROR to review a judgment of the municipal court of Milwaukee county: Emil "Wallber, Judge. The plaintiff in error was charged in the information with having feloniously, wilfully, and with malice aforethought killed and murdered John Soocha, Jr., in Milwaukee, December 23,1893. He pleaded not guilty. On the trial the district attorney, in closing his argument to the jury, said: “We have had too many stabbing affairs in the city.
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ERROR to review a judgment of the municipal court of Milwaukee county: Emil "Wallber, Judge. The plaintiff in error was charged in the information with having feloniously, wilfully, and with malice aforethought killed and murdered John Soocha, Jr., in Milwaukee, December 23,1893. He pleaded not guilty. On the trial the district attorney, in closing his argument to the jury, said: “We have had too many stabbing affairs in the city. Within forty-eight hours we have had three stabbing affairs in the city of Milwaukee. In the hospital up here, lying at the point of death perhaps, to-day, is a…
1Opinion of the CourtCassoday, C. J.
It is contended that the district attorney never should have been allowed to make the remarks mentioned in the foregoing statement; that the accused was greatly prejudiced by them; that, the giving of the instruction requested by the counsel for the accused .did not cure the error. Certainly, the giving of such instruction in the very language requested cannot-be assigned as error. Bé-sides, the court charged the jury, in the same connection, strongly condemnatory of the -remarks of the district attorney, as indicated in the statement, and then, on giving the .instruction, added: “ On the…
2Cases cited5 opinions
- Santry v. StateWisconsin Supreme Court · 1886
- Baker v. StateWisconsin Supreme Court · 1887
- Laue v. City of MadisonWisconsin Supreme Court · 1893
- Hoffmann v. StateWisconsin Supreme Court · 1885
- Smith v. NippertWisconsin Supreme Court · 1891
3Cited by2 opinions
- State v. KingsleyOregon Supreme Court · 1931
- Slensby v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1897