State v. Loomis
State v. Loomis
Opinion of the Court
Defendants contend that the evidence, which was largely circumstantial, was insufficient, under the rule as stated in Scott v. State, 190 Wis. 238, 208 N. W. 795, to support the verdict of guilty. Upon a review of the record, with that rule in mind, we are satisfied that the evidence amply supports the verdict. An extended discussion of the evidence will serve no useful purpose. It suffices to note that there was evidence to the following effect:
On the afternoon of December 17, 1933, Game Wardens McKeague and Jonas saw blood and deer hair on an automobile parked on a road in territory in which deer were numerous. Three foot tracks in snow, which was about eight inches deep, led from the automobile along the top and sides of a ridge in the forest. The wardens followed two of the tracks; McKeague taking the one along a valley to the left, and Jonas taking the one to the right of the crest of the ridge. Upon walking a short distance, the wardens heard the snorting of a deer ahead of them and somewhat to the right of McKeague. When the latter had proceeded about one hundred to one hundred and fifty feet further,, they heard three or four shots fired in rapid, overriding succession, within six hundred feet of them. Jonas hurried up to the 'crest of the ridge toward the place at which the shots appeared to have been fired. There he first saw Goode and Loomis; and then noticed Landers coming up from the valley to the right. McKeague hurried up onto the ridge from the left and also saw Landers coming up from the valley. Each
In contradiction of. the evidence which established the foregoing facts, the defendants testified that they did not see, or hear, or shoot at a deer; and that they were merely hunting wolves and looking over timber. To corroborate that they had shot at trees, they introduced in evidence a photograph of a stump with bullets in it. In rebuttal the state introduced proof that the only bullets found in a tree or stump in that vicinity were .32-calibre that could not be fired from the rifles which the defendants had. Further, McKeague testified that he saw no wolf tracks, but would have noticed them if there had been any.
At all events, the evidence, if the jury considered the . testimony of McKeague and Jonas credible, established beyond a reasonable doubt that immediately after a deer was
Other errors assigned in respect to certain rulings in admitting evidence, and in instructing the jury, have been duly considered. The record discloses that, in view of facts proven and the resulting issues, the evidence in question was relevant and competent, and the instruction complained of was not erroneous;
By the Court. — Judgment affirmed.
Reference
- Full Case Name
- State v. Loomis and others
- Status
- Published