Legal Opinion

Loew v. State

Wisconsin Supreme Court

Decided May 15, 1884PublishedCited by 8 opinions

ERROR to the Municipal Court of Milwaukee County. The information in this case charges that, on a certain clay and at a certain place therein specified, the plaintiff in error did feloniously kill and slay one John Fiegenst. It thus charges, in the form authorized by the statute (R. S., sec. 4660), that the accused committed the crime of manslaughter. The plaintiff in error pleaded not guilty, and was tried for the offense charged.

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ERROR to the Municipal Court of Milwaukee County. The information in this case charges that, on a certain clay and at a certain place therein specified, the plaintiff in error did feloniously kill and slay one John Fiegenst. It thus charges, in the form authorized by the statute (R. S., sec. 4660), that the accused committed the crime of manslaughter. The plaintiff in error pleaded not guilty, and was tried for the offense charged. The testimony on the trial shows that many people of the neighborhood were assembled at a saloon and dancing-hall, on a holiday occasion, among whom were the…

1Opinion of the Court

Lyon, L

1. The instruction proposed on behalf of the plaintiff in error, which the court refused to give, was properly refused. It called for a.direction to the jury to acquit the accused, because there was no proof that the deceased died from the effects of the wound which he received upon being thrown out of -the house. From the foregoing statement of facts we think it is conclusively proved that his death was caused by the wound in his head. True, no expert testimony on the subject was given, but all the facts show that his death must have been caused thereby. A man appar*563ently physically…

2Cases cited1 opinion

  1. Wood v. AldrichWisconsin Supreme Court · 1870

3Cited by8 opinions

  1. Cranmore v. StateCourt of Appeals of Wisconsin · 1978
  2. State v. GoldstoneSupreme Court of Minnesota · 1920
  3. State v. SawyerWisconsin Supreme Court · 1953
  4. Pjarrou v. StateNebraska Supreme Court · 1896
  5. Giskie v. StateWisconsin Supreme Court · 1888

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