Legal Opinion

Anderson v. State

Wisconsin Supreme Court

Decided January 15, 1877PublishedCited by 6 opinions

ERROR to the Circuit Court for Polk County. The writ of error in this case was sued out to reverse a judgment upon conviction of rape. The case is stated in the opinion.

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ERROR to the Circuit Court for Polk County. The writ of error in this case was sued out to reverse a judgment upon conviction of rape. The case is stated in the opinion. They contended, among other things, 1. That there was error in that the accused was deprived of the right of Toeing present at the whole trial/ it appearing that when the cause was reached, he was confined in the county jail; that the clerk, by order of the court, supposing the prisoner to be in court, had drawn three jurors before he was brought in by the sheriff; that said three jurors were then directed by the court to…

1Opinion of the CourtLyoN, J.

The plaintiff in error was tried upon an information charging him with the crime of rape, and was convicted thereof, and sentenced to imprisonment for a term of yeaifs in the state prison. The judgment comes here for review on a writ of error.

On the trial, the judge instructed the jury (among other things) as follows: “In order to convict, the evidence should be such as to convince you as reasonable men that the charge in the information is true. If, as reasonable men, guided, by that prudence and reason wlvich govern you in the ordi/nary conduct of your affavrs, you have a doubt of the…

2Cited by6 opinions

  1. Buel v. StateWisconsin Supreme Court · 1899
  2. Miller v. StateWisconsin Supreme Court · 1909
  3. People v. AlbersMichigan Supreme Court · 1904
  4. Butler v. StateWisconsin Supreme Court · 1899
  5. McAllister v. StateWisconsin Supreme Court · 1901

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