Legal Opinion

Grottkau v. State

Wisconsin Supreme Court

Decided January 10, 1888PublishedCited by 17 opinions

ERROR to the Municipal Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: The plaintiff in error and one Albert Moessinger were indicted in the municipal court for Milwaukee county, June 1, 1886. The indictment contained six several counts; the first of which was to the effect that said Grottkau and Moessinger, together with divers other evil-disposed persons to the number of five and more, to-the jurors yet unknown, ®n April…

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ERROR to the Municipal Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: The plaintiff in error and one Albert Moessinger were indicted in the municipal court for Milwaukee county, June 1, 1886. The indictment contained six several counts; the first of which was to the effect that said Grottkau and Moessinger, together with divers other evil-disposed persons to the number of five and more, to-the jurors yet unknown, ®n April 24, 1886, at the city of Milwaukee, did unlawfully assemble in a violent and tumultuous' manner to do an unlawful act,…

1Opinion of the CourtCassoday, J.

There is no intimation of any lack of 'evidence to support the conviction. There is no claim that any evidence on the part of the state was improperly admitted. There is no claim that any evidence on the part of the defense was improperly rejected. No part of the motion for a new trial was based upon any want of evidence to support the verdict. The failure of the accused to make any of the evidence upon the merits, or any of the rulings of the court thereon, a part of the record, are implied confessions that his guilt was sufficiently established by the testimony, and that such rulings…

2Cases cited24 opinions

  1. State v. TullerSupreme Court of Connecticut · 1867
  2. Davis v. StateIndiana Supreme Court · 1871
  3. People v. DouglassNew York Supreme Court · 1825
  4. People v. GrayCalifornia Supreme Court · 1882
  5. State v. WestSupreme Court of Missouri · 1879

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3Cited by17 opinions

  1. Carthaus v. StateWisconsin Supreme Court · 1891
  2. Lowe v. StateWisconsin Supreme Court · 1903
  3. Wetzler v. GlassnerWisconsin Supreme Court · 1925
  4. In re RoszcyniallaWisconsin Supreme Court · 1898
  5. State v. SalversonSupreme Court of Minnesota · 1902

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