Galenis v. State

Wisconsin Supreme Court

Galenis v. State

223 N.W. 790, 198 Wis. 313, 1929 Wisc. LEXIS 94

CourtWisconsin Supreme Court

DecidedMarch 5, 1929

StatusPublished

Cited by5 cases

This text of 223 N.W. 790 (Galenis v. State) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Galenis v. State, 223 N.W. 790, 198 Wis. 313, 1929 Wisc. LEXIS 94 (Wis. 1929).

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Opinion

Crownhart, J.

The contention here made in substance is that the evidence does not support the verdict of the jury. There are no claims of error otherwise on the trial. The defendant having been found guilty of a felony, we are mindful of the solemn obligation imposed upon each individual Justice, and we have given the evidence careful consideration. However, we cannot find any reasonable basis for defendant’s assignments of error.

Motive for the crime’ was sufficiently shown; prior intent was shown; the identification of defendant as the guilty party was positively sworn to; the gun he owned was produced and proof made by competent evidence that it was the weapon from which the bullet found in the body of the victim was fired; and the felonious assault by some one is admitted. The defense was an alibi. Of this there was no positive proof except the testimony of defendant. The other proof was of a negative character and not strong at that.

We think it is unnecessary to set forth the evidence at length. It fully sustains the verdict of the jury, and the judgment and sentence of the court must be sustained.

By the Court. — The judgment and sentence of the circuit court are affirmed.

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Crownhart, J.

The contention here made in substance is that the evidence does not support the verdict of the jury. There are no claims of error otherwise on the trial. The defendant having been found guilty of a felony, we are mindful of the solemn obligation imposed upon each individual Justice, and we have given the evidence careful consideration. However, we cannot find any reasonable basis for defendant’s assignments of error.

Motive for the crime’ was sufficiently shown; prior intent was shown; the identification of defendant as the guilty party was positively sworn to; the gun he owned was produced and proof made by competent evidence that it was the weapon from which the bullet found in the body of the victim was fired; and the felonious assault by some one is admitted. The defense was an alibi. Of this there was no positive proof except the testimony of defendant. The other proof was of a negative character and not strong at that.

We think it is unnecessary to set forth the evidence at length. It fully sustains the verdict of the jury, and the judgment and sentence of the court must be sustained.

By the Court. — The judgment and sentence of the circuit court are affirmed.

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Bluebook (online)

223 N.W. 790, 198 Wis. 313, 1929 Wisc. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galenis-v-state-wis-1929.

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