State v. Belden
Wisconsin Supreme Court
CERTIFIED from the Circuit Court for Green County. The case is stated in the opinion. argued that the killing could constitute only one offense; that if it was murder in the second degree, it was not murder in the first degree, nor was it murder in the third degree, nor any degree of mere manslaughter; that when the jury found him guilty of murder in the second degree, it thereby found that he was not guilty of any of the other crimes of which he might have been convicted…
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CERTIFIED from the Circuit Court for Green County. The case is stated in the opinion. argued that the killing could constitute only one offense; that if it was murder in the second degree, it was not murder in the first degree, nor was it murder in the third degree, nor any degree of mere manslaughter; that when the jury found him guilty of murder in the second degree, it thereby found that he was not guilty of any of the other crimes of which he might have been convicted under the indictment; and that having thus been put once in jeopardy of punishment for those crimes, and acquitted of them…
1Opinion of the CourtCole, J.
This cause has been certified to this court by the circuit judge of Green county, pursuant to section 8, ch. 180, R. S., for our decision or opinion upon certain questions of law which arose upon the trial. It appears from the report made by the circuit judge, that the defendant was indicted for murder, and, at the last October term of the circuit court for that county, was found guilty of murder in the second degree. The verdict of the jury was set aside, and a new trial granted, on the application of the defendant, upon the ground and for the reason that there was no evidence given on the…
2Cases cited8 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- Jones v. StateTexas Supreme Court · 1854
- State v. RossSupreme Court of Missouri · 1859
- People v. GilmoreCalifornia Supreme Court · 1854
- State v. MartinWisconsin Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States ex rel. Hetenyi v. WilkinsCourt of Appeals for the Second Circuit · 1965
- People v. SessionsMichigan Supreme Court · 1886
- People v. TongCalifornia Supreme Court · 1909
- Hechter v. StateCourt of Appeals of Maryland · 1902
- Johnson v. StateSupreme Court of Florida · 1891
7 more not listed; retrieve them via the Exa API.