O'Toole v. State
Wisconsin Supreme Court
Error to review a judgment of the superior court of Douglas county: Charles SMITH, Judge. On July 4,1899, one Charley Erederickson, after spending the evening at a resort in a somewhat disorderly part of the city of Superior, started to return therefrom about 10:30 o’clock, and was pursued by two men, from whom he attempted to escape, but who overtook him.
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Error to review a judgment of the superior court of Douglas county: Charles SMITH, Judge. On July 4,1899, one Charley Erederickson, after spending the evening at a resort in a somewhat disorderly part of the city of Superior, started to return therefrom about 10:30 o’clock, and was pursued by two men, from whom he attempted to escape, but who overtook him. He was struck in the back, but not seriously, whereupon one of them, identified as the plaintiff in error, thrust his hand into Ered-erickson’s pocket, and after a struggle carried off his pocketbook, containing money. Upon the trial the…
1Opinion of the CourtDodge, J.
The first and third assignments of error are ^predicated upon insufficiency of the evidence to support the verdict. They cannot be considered in the absence of a motion to set aside the verdict and grant a new trial on that ground, made before sentence and judgment. True, a motion to set aside the judgment and grant a new trial was made and denied by order after judgment. Such motion and order, however, are not brought up for review by writ of error to the judgment. John Pritzlaff H. Co. v. Berghoefer, 103 Wis. 359; Reed v. Madison, 85 Wis. 667; Jackson v. State, 92 Wis. 422, 427. True the…
2Cases cited7 opinions
- Reed v. City of MadisonWisconsin Supreme Court · 1893
- Allen v. StateWisconsin Supreme Court · 1893
- Jackson v. StateWisconsin Supreme Court · 1896
- Pritzlaff Hardware Co. v. BerghoeferWisconsin Supreme Court · 1899
- Brooks v. StateSupreme Court of Georgia · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. NutleyWisconsin Supreme Court · 1964
- Ferry v. StateWisconsin Supreme Court · 1954
- Bridges v. StateWisconsin Supreme Court · 1945
- Gillespie v. StateCourt of Criminal Appeals of Oklahoma · 1960
- Earley v. WinnWisconsin Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.