Heed v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Dane County. The plaintiff in error was indicted with, one Ross for breaking and entering a store in the night-time with intent to steal, and actually stealing, therefrom certain goods, and was convicted of the offense. The goods were taken about August 4, from a store at Mazomanie, in Dane county. Part of the goods were found concealed in Mazomanie.
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ERROR to the Circuit Court for Dane County. The plaintiff in error was indicted with, one Ross for breaking and entering a store in the night-time with intent to steal, and actually stealing, therefrom certain goods, and was convicted of the offense. The goods were taken about August 4, from a store at Mazomanie, in Dane county. Part of the goods were found concealed in Mazomanie. Others, packed in two boxes, directed to “ Charles Reed,” at Lone Rock, Richland county, were shipped from Mazomanie on the 11th of said month of August,, and on the next day Heed called for them, accompanied by…
1Opinion of the Court
Paiíte, J.
There was one error in the ruling of the court below, for which this judgment must be reversed. It was in the instruction as to the effect of the possession of the stolen property, after the burglary, so far as the same was shown to have been in the defendant Heed. Prior to his demanding and receipting for the goods at the depot in Lone Rock, there was no evidence tending to show that he had any possession of any part of the goods, except such as tended to prove directly that he participated in the burglary, wholly independent of any inference arising from subsequent possession. Had…
2Cited by4 opinions
- State v. KirkpatrickSupreme Court of Iowa · 1887
- Miller v. PeopleSupreme Court of Colorado · 1933
- State v. McIntyreWashington Supreme Court · 1909
- State v. ShepardNorth Dakota Supreme Court · 1937