Lester v. State
Wisconsin Supreme Court
Error to review a judgment of tbe circuit court for Dane county: E. Gr. Siebeceer, Circuit Judge. The information in this case was filed at the May term, 1894, of the circuit court for Crawford county, charging the plaintiff in error with the crime of rape.
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Error to review a judgment of tbe circuit court for Dane county: E. Gr. Siebeceer, Circuit Judge. The information in this case was filed at the May term, 1894, of the circuit court for Crawford county, charging the plaintiff in error with the crime of rape. At that time the accused was in confinement in the county jail of said county, and in his absence and without his knowledge or consent or the consent of his attorney, as is alleged, there was presented to the circuit court an affidavit for a change of venue on the ground of prejudice of the circuit judge. The cause was thereupon sent to…
1Opinion of the CourtMaRshall, J.
The prosecuting attorney should have taken issue by answer or demurrer to' the first plea in abatement, and such issue should then have been tried according to law; but where the only matter pleaded in abatement is that the .accused has not had a preliminary examination, and the proof of such plea consists of the affidavit of the accused and the record in court, though, as held in Martin v. State, 79 Wis. 165, the more orderly and strictly regular' method is for the prosecuting attorney to either demur to the plea if he thinks it insufficient, or, if sufficient, to answer or reply denying the…
2Cases cited4 opinions
- State v. ElkinsSupreme Court of Missouri · 1876
- Baker v. StateWisconsin Supreme Court · 1891
- Martin v. StateWisconsin Supreme Court · 1891
- Ex parte BryanSupreme Court of Alabama · 1870
3Cited by5 opinions
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- Guenther v. StateWisconsin Supreme Court · 1908
- Von Rueden v. StateWisconsin Supreme Court · 1897
- Stetson v. StateWisconsin Supreme Court · 1931
- State v. BergerSupreme Court of Kansas · 1916