Newbern v. State
| Decision Date | 15 September 1936 |
| Citation | 268 N.W. 871,222 Wis. 291 |
| Parties | NEWBERN v. STATE. |
| Court | Wisconsin Supreme Court |
Error to review a judgment of the Circuit Court for Dunn County; George Thompson, Judge.
On motion for rehearing.
Former opinion reversed, and judgment and sentence of circuit court reversed and case remanded for new trial in accordance with opinion.--[By Editorial Staff.]
For former opinion, see 260 N.W. 236.
Willis E. Donley, of Menomonie, and Eugene A. Rerat and Neil Hughes, both of Minneapolis, Minn. (Walter J. Welch, of Minneapolis, Minn., of counsel), for plaintiff in error.
James E. Finnegan, Atty. Gen., Cornelius P. Hanley, Sp. Asst. Atty. Gen., and A. W. Galbin, Dist. Atty., of Menomonie, for the State.
A motion for rehearing was duly filed by the defendant, but the filing of a brief in support of the motion was long delayed. No brief in opposition to the motion was filed by the Attorney General, the special prosecutor appointed by the court or the district attorney. In absence of an opposing brief, a hearing before the members of the court in chambers was invited, at which the attorney for the defendant and the special prosecutor appeared. After this hearing the district attorney was invited to file an opposing brief if he desired, and no brief has been received.
In view of this unusual situation we have carefully reconsidered the case. We perceive no error in the rules of law stated and applied in the opinion of the court heretofore filed, but are persuaded that upon the record there is such doubt of the defendant's connection with the crime involved that a new trial should be ordered in the interest of justice, and it will be so ordered. By reason of matters stated in the former opinion of the court respecting statements made to and in the presence of jurors, we consider that upon retrial of the case the jurors should be kept in custody of an officer, as is required on trials of charges of homicide.
The mandate heretofore entered is set aside; the judgment and sentence of the circuit court is reversed; and the case is remanded for a new trial in accordance with the opinion. The warden of the state's prison is directed to remand the defendant to the custody of the sheriff of Dunn county, to be held pursuant to the order of the committing magistrate.
To continue reading
Request your trial
-
State v. Cooper
...The defendant contends that this rule applies to all homicide cases. The defendant cites Newbern v. State, 222 Wis. 291, 260 N.W. 236, 268 N.W. 871. In that case the defendant was charged with bank robbery. Two of the robbers were killed and a bank employee was abducted and left dead with a......
-
Rambo v. Chicago Great Western Ry. Co.
... ... precedent to a new trial, under Mason's Minn.St.1927, § ... 9487. Defendant insists, on the authority of State ex ... rel. Peery v. District Court, 139 Minn. 464, 166 N.W ... 1080, that this court is without power to grant the motion ... ...