Miller v. State
Wisconsin Supreme Court
EBBOB to the Circuit Court for Crawford County. The plaintiff in error was indicted for murder. The allegations of the several counts in the indictment, and the charge of the court, are recited sufficiently in the opinion.
Read the full summary
EBBOB to the Circuit Court for Crawford County. The plaintiff in error was indicted for murder. The allegations of the several counts in the indictment, and the charge of the court, are recited sufficiently in the opinion. Yerdict, “Guilty of murder in the third degree.” * The errors assigned are: 1. The refusal of the court to compel the district attorney to elect upon which count in the indictment he would proceed. 2. The admission of evidence against the accused generally upon all the counts. 3. The admission of the testimony of one Michael Menges, as to certain confessions of the accused.…
1Opinion of the Court
■ Cole, J.
We tbink there is no ground for saying that the court should have compelled the prosecution to elect upon which count it would proceed. The indictment consists of five counts. In the first three the defendant is charged with inflicting the mortal blow with her own hand’; the first count charging the murder to have been committed with a soldering iron; the second by means of a dirk knife; and the third, by both of these instruments combined; while in the last two counts it is alleged that her husband, Daniel Miller, struck the mortal blow, and that the defendant was present aiding…
2Cases cited1 opinion
- Keenan v. StateWisconsin Supreme Court · 1859
3Cited by34 opinions
- State v. LenarchickWisconsin Supreme Court · 1976
- Williams v. StateSupreme Court of Alabama · 1886
- Bennett v. StateWisconsin Supreme Court · 1883
- Pollack v. StateWisconsin Supreme Court · 1934
- State v. MartinWisconsin Supreme Court · 1872
29 more not listed; retrieve them via the Exa API.