Legal Opinion

Hamilton v. State

Wisconsin Supreme Court

Decided March 9, 1920PublishedCited by 6 opinions

Error to review a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. The plaintiff in error was charged in the information with murder in the first degree of Edward Warner, at Racine, Wisconsin, on December 15, 1917. There were no actual eye-witnesses to the murder, which took place about 7:15 p. m. in a Standard Oil filling station at the intersection of Seventh and Main streets in the city of Racine.

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Error to review a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. The plaintiff in error was charged in the information with murder in the first degree of Edward Warner, at Racine, Wisconsin, on December 15, 1917. There were no actual eye-witnesses to the murder, which took place about 7:15 p. m. in a Standard Oil filling station at the intersection of Seventh and Main streets in the city of Racine. A fourteen-year-old boy named Mervil Peil, who was on the sidewalk of the street opposite the oil station, saw the murderer as he ran from the oil station to the…

1Opinion of the Court

Síebecker, J.

The introduction of the case as printed in vol. 154 N. W. Rep., pertaining to the decision of the supreme court of Michigan discharging the defendant from imprisonment for a conviction of á felony, was improper, since such conviction, was admitted on the trial. His former conviction is competent evidence only under sec. 4073, Stats., and such conviction can only be proven by his own cross-examination or by the record. It being admitted on the *207record that he had been convicted and discharged on habeas corpus proceedings, it is readily perceived how the printed case of the…

2Cases cited6 opinions

  1. Koscak v. StateWisconsin Supreme Court · 1915
  2. O'Toole v. StateWisconsin Supreme Court · 1899
  3. Gerke v. StateWisconsin Supreme Court · 1913
  4. Lonergan v. StateWisconsin Supreme Court · 1901
  5. Gillotti v. StateWisconsin Supreme Court · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Parke v. StateWisconsin Supreme Court · 1931
  2. State v. DunnWisconsin Supreme Court · 1960
  3. Dascenzo v. StateWisconsin Supreme Court · 1965
  4. Manna v. StateWisconsin Supreme Court · 1923
  5. Eckman v. StateWisconsin Supreme Court · 1926

1 more not listed; retrieve them via the Exa API.

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