Birmingham v. State
Wisconsin Supreme Court
Error to review a judgment of tbe circuit court for Chippewa county: A. J. ViNJE, Circuit Judge. The plaintiff in error (hereinafter called the defendant) was tried on an information charging him with burglary in the nighttime, under sec. 4409, Stats. (1898). The jury returned a verdict of guilty and the defendant was sentenced to imprisonment for ten years.
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Error to review a judgment of tbe circuit court for Chippewa county: A. J. ViNJE, Circuit Judge. The plaintiff in error (hereinafter called the defendant) was tried on an information charging him with burglary in the nighttime, under sec. 4409, Stats. (1898). The jury returned a verdict of guilty and the defendant was sentenced to imprisonment for ten years. The defendant prosecutes a writ of error in this court to reverse the judgment' of conviction and relies on the following errors for a reversal of the judgment: (1) Eailure of the court to discharge the defendant because the evidence…
1Opinion of the CourtBarNes, J.
The trial court did not err in refusing fo discharge the defendant on the ground that the evidence before the examining magistrate was insufficient to warrant a finding that there was probable cause to believe him guilty of the offense charged. Eirst, because an examination of the testimony taken at the preliminary hearing convinces us that it was sufficient to warrant the examining magistrate in holding the defendant for trial; and second, under sec. 4654, Stats. (1898), the objection could only be taken by a plea in abatement, and no such plea was interposed.
Complaint is made of the charge…
2Cases cited13 opinions
- Santry v. StateWisconsin Supreme Court · 1886
- Vogel v. StateWisconsin Supreme Court · 1909
- Williams v. StateWisconsin Supreme Court · 1884
- Lam Yee v. StateWisconsin Supreme Court · 1907
- Casper v. StateWisconsin Supreme Court · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. GlassNorth Dakota Supreme Court · 1915
- Dietz v. StateWisconsin Supreme Court · 1912
- Clemens v. StateWisconsin Supreme Court · 1922
- State v. JohnWisconsin Supreme Court · 1960
- Mark v. StateWisconsin Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.