State v. Kemp
Wisconsin Supreme Court
EKROB to the Circuit Court for Ozaulcee County. late district attorney for Ozaukee county, to the point that a writ of error would lie in this case in behalf of the state, cited E. S, ch. 139, secs. 25, 34; ch. 115, secs. 5, 6 ; ch. 181, sec. 10 ; ch. 10, sec. 50 ; State v. Buchanan, 5 Har. & J., 317, 324; State v. Graham, 1 Pike (Ark.), 428, 432 ; Commonwealth v. Barr, 5 Watts & S., 345 ; Comm. v. McKisson, 8 S. & R, 420; Comm, v. Taylor, 5 Binney, 277 ; U. S.v.
Read the full summary
EKROB to the Circuit Court for Ozaulcee County. late district attorney for Ozaukee county, to the point that a writ of error would lie in this case in behalf of the state, cited E. S, ch. 139, secs. 25, 34; ch. 115, secs. 5, 6 ; ch. 181, sec. 10 ; ch. 10, sec. 50 ; State v. Buchanan, 5 Har. & J., 317, 324; State v. Graham, 1 Pike (Ark.), 428, 432 ; Commonwealth v. Barr, 5 Watts & S., 345 ; Comm. v. McKisson, 8 S. & R, 420; Comm, v. Taylor, 5 Binney, 277 ; U. S.v. Satter, Burnett, 119 ; People v. Stone, 9 Wend., 181; State v. Davis, 4 Blackf.,' 345; Cro. Car., 505 ; Begina v. Chachviclc, 11 A.…
1Opinion of the Court
*670By the Court,
Cole, J.
The defendants in error were indicted in the Ozaukee circuit court for riot. They filed a plea in abatement to the indictment, upon* which judgment was given in their favor on demurrer. A writ of error was then brought by the state, for the purpose of reviewing the decision of the circuit court holding the plea good in form and substance. A motion is now made to dismiss the writ, on the ground that the slate has not the right to bring a writ of error in a criminal case.
After a careful consideration of the matter, we are of the opinion that the motion must prevail. It is…
2Cases cited1 opinion
- The People v. . MerrillNew York Court of Appeals · 1856
3Cited by9 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State v. MartinWisconsin Supreme Court · 1872
- State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
- State v. GrottkauWisconsin Supreme Court · 1889
- State v. MeenWisconsin Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.