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Burns v. State

128 N.W. 987 (1911)

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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

Issue

Holding and Reasoning (Marshall, J.)

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