Legal Opinion

Smith v. State

Wisconsin Supreme Court

Decided March 14, 1911PublishedCited by 3 opinions

Error to review a judgment of tbe circuit court for She-boygan county: Michael EjrwaN,' Circuit Judge. Plaintiff in error was informed against as having, at a place and time named, while acting as agent of E. B. Garton, and not the latter’s apprentice nor under sixteen years of age, been intrusted, as such agent, with a certain certificate of corporate stock of the value of $1,000, for sale thereof and, being so intrusted, of having feloniously taken and carried away said…

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Error to review a judgment of tbe circuit court for She-boygan county: Michael EjrwaN,' Circuit Judge. Plaintiff in error was informed against as having, at a place and time named, while acting as agent of E. B. Garton, and not the latter’s apprentice nor under sixteen years of age, been intrusted, as such agent, with a certain certificate of corporate stock of the value of $1,000, for sale thereof and, being so intrusted, of having feloniously taken and carried away said property intending to fraudulently convert it to his own use. The information contained all formal requisites and…

1Opinion of the CourtMarshall, J.

Counsel for plaintiff in error present some nineteen assignments of error for consideration. All may be sufficiently considered in a few groups and with brief discussion.

It is first suggested the evidence does not sustain the verdict. Under the rule that the finding of a jury must be regarded as a verity on appeal if in any reasonable view of the evidence such a conclusion could have been arrived at, the one before us cannot be disturbed unless some prejudicial error of law was committed. That rule applies to verdicts in criminal cases as well as in civil cases.

It is further suggested the…

2Cases cited8 opinions

  1. Oborn v. StateWisconsin Supreme Court · 1910
  2. Hack v. StateWisconsin Supreme Court · 1910
  3. Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
  4. Maldaner v. SmithWisconsin Supreme Court · 1899
  5. Jennings v. StateWisconsin Supreme Court · 1908

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

3Cited by3 opinions

  1. Holloway v. StateWisconsin Supreme Court · 1966
  2. State v. SmithWisconsin Supreme Court · 1924
  3. Vagaszki v. Consolidation Coal Co.Court of Appeals for the Second Circuit · 1915

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