McAllister v. State
Wisconsin Supreme Court
Error to review a judgment of the superior court of Douglas county: Charles Suite, Judge. The plaintiff in error was convicted of assault with intent to commit rape upon Mrs. Catherine Montgomery, at the city of Superior, on the 23d day of February, 1901, and was sentenced to four years’ imprisonment in the state prison, and brings his writ of error to reverse the judgment.
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Error to review a judgment of the superior court of Douglas county: Charles Suite, Judge. The plaintiff in error was convicted of assault with intent to commit rape upon Mrs. Catherine Montgomery, at the city of Superior, on the 23d day of February, 1901, and was sentenced to four years’ imprisonment in the state prison, and brings his writ of error to reverse the judgment. The evidence of the prosecuting witness showed that the accused entered her house at about 2 o’clock p. m. on the day in question, and, after asking some questions about the people who lived upstairs in the house, and…
1Opinion of the CourtWinslow, J.
Three errors are alleged: first, that the intent to rape was not proven; second, that the evidence of *498the assault on Mrs: Casper was inadmissible; third, that the charge of the court was incorrect.
1. We cannot consider the first assignment of error, because the bill of exceptions is not certified to contain all of the evidence. It is true that a paper has been filed with the clerk a few days since, purporting to be an additional or amended certificate to the bill of exceptions, bearing the signature of the trial judge, which states that the bill of exceptions contains all of the testimony in…
2Cases cited14 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Buel v. StateWisconsin Supreme Court · 1899
- Proper v. StateWisconsin Supreme Court · 1893
- Minich v. PeopleSupreme Court of Colorado · 1885
- Miller v. PeopleIllinois Supreme Court · 1866
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Hendrickson v. StateWisconsin Supreme Court · 1973
- State v. NolanIdaho Supreme Court · 1917
- Lanphere v. StateWisconsin Supreme Court · 1902
- Ryan v. StateWisconsin Supreme Court · 1902
17 more not listed; retrieve them via the Exa API.