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Burns v. State

Supreme Court of Wisconsin
128 N.W. 987 (1911)


Facts

Burns (defendant), a constable, and others were pursuing an insane man named Adamsky.  During the pursuit, Adamsky dropped money which was later given to Burns by a fellow officer. Burns subsequently misappropriated the money and was charged with larceny. At trial, the judge instructed the jury that Burns was the “bailee” of Adamsky’s money and the jury convicted Burns of larceny by bailee under Wisconsin law. Burns appealed, arguing that that the trial court should have defined the term “bailee” as used in the statute.

Rule of Law

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Issue

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Holding and Reasoning (Marshall, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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