Campbell v. State
Wisconsin Supreme Court
EeboR to review a judgment of the circuit court for La Eajette county: Geo. CueMENtsoN, Circuit Judge. Plaintiff in error was informed against for murder, with one Daniel Collins. A separate trial was granted.
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EeboR to review a judgment of the circuit court for La Eajette county: Geo. CueMENtsoN, Circuit Judge. Plaintiff in error was informed against for murder, with one Daniel Collins. A separate trial was granted. Before pleading to the information,-he entered a so-called “plea in abatement,” based upon the following facts: On December 20, 1896, one Joseph H. Clary, as justice of the peace, held an inquest over the body of Edward W. Hale, the deceased, and as a result the jury returned a verdict finding that Hale came to his death by blows inflicted either by Collins or plaintiff in error. The…
1Opinion of the CourtBakdeen, J.
The errors relied on for the reversal of this judgment may be grouped under the following heads: (1) overruling the plea in abatement; (2) improper .remarks of the court; (3) improper rejection and reception of evidence; (4) failure to instruct the jury as requested, and the giving of improper instructions; (5) errors occurring after verdict.
1. Under this head the plaintiff in error first insists that his plea in abatement ought to have been submitted to a jury for trial. As said by this court in Jackson v. State, 91 Wis. 253, 265: “ Whenever an answer to a plea in abatement raises an issue.…
2Cases cited9 opinions
- Rowan v. StateWisconsin Supreme Court · 1872
- Dœring v. StateIndiana Supreme Court · 1874
- Porath v. StateWisconsin Supreme Court · 1895
- Blige v. StateSupreme Court of Florida · 1884
- Sylvester v. StateSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Thies v. StateWisconsin Supreme Court · 1922
- Lanphere v. StateWisconsin Supreme Court · 1902
- Ryan v. StateWisconsin Supreme Court · 1902
- Tell v. WolkeWisconsin Supreme Court · 1963
- Montgomery v. StateWisconsin Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.