Legal Opinion

Smith v. State

Wisconsin Supreme Court

Decided June 1, 1885PublishedCited by 22 opinions

ERROR to the Circuit Court for Saule County. The case is stated in the opinion. They contended, inter alia, that sec. 4387, R. S., was derived from the state of New York, and has been there so construed that to constitute an offense .thereunder the act must be committed with the specific intent to do one of the things there enumerated. See 2 R. S. of 27. Y. (2d ed.), 553; 3 id. (7th ed.), 2477; Nash v. Benedict, 25 "Wend. 645; People v. Merrill, 2 Parker’s Or.

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ERROR to the Circuit Court for Saule County. The case is stated in the opinion. They contended, inter alia, that sec. 4387, R. S., was derived from the state of New York, and has been there so construed that to constitute an offense .thereunder the act must be committed with the specific intent to do one of the things there enumerated. See 2 R. S. of 27. Y. (2d ed.), 553; 3 id. (7th ed.), 2477; Nash v. Benedict, 25 "Wend. 645; People v. Merrill, 2 Parker’s Or. R. 595, 604; 8. O. 14 FT. Y. 75; ■Madden v. People, 25 id. 373. "When a particular intent is essential to constitute a crime that…

1Opinion of the CourtObtok, J.

The plaintiff in error was tried and found guilty upon the following information: “ That on the 25th day of July, in the year 1883, at said county, said William Smith did feloniously, unlawfully, maliciously, and wilfully assault one A. B. Ewers, .and then and there feloniously, unlawfully, injuriously, wilfully, and without lawful authority, forcibly confine and imprison, against his, the said A. B. Ewers’, will, and him, the said A. B. Ewers, then and •there feloniously, and without any lawful authority, and against his will, forcibly did convey from Mill Creek, in said county, to…

2Cases cited3 opinions

  1. Moody v. PeopleIllinois Supreme Court · 1858
  2. State v. M'RobertsIndiana Supreme Court · 1836
  3. Click v. StateTexas Supreme Court · 1848

3Cited by22 opinions

  1. Midgett v. StateCourt of Appeals of Maryland · 1981
  2. Doss v. StateSupreme Court of Alabama · 1929
  3. State v. RandallMontana Supreme Court · 1960
  4. People v. FlorioNew York Court of Appeals · 1950
  5. Doss v. StateAlabama Court of Appeals · 1929

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