State v. Sorenson
Wisconsin Supreme Court
REPORTED from the Circuit Court for Raeine County. An information was filed against the defendant, charging him with wilfully and unlawfully selling intoxicating liquors on Sunday, contraryto the statute. Sec. 1565, R. S. The defendant pleaded in abatement of the information that he had never had a preliminary examination, as provided by law, before any examining magistrate or officer, and had never waived his right thereto.
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REPORTED from the Circuit Court for Raeine County. An information was filed against the defendant, charging him with wilfully and unlawfully selling intoxicating liquors on Sunday, contraryto the statute. Sec. 1565, R. S. The defendant pleaded in abatement of the information that he had never had a preliminary examination, as provided by law, before any examining magistrate or officer, and had never waived his right thereto. The state replied, in substance, that the action was commenced in the circuit court, before John T. Wentworth, a court commissioner of such court, and that the defendant…
1Opinion of the CourtPiNNey, J.
By the statute (sec. 4654, R. S.) it is provided that “no information shall be filed against any person for any offense until such person shall have had a preliminary examination, as provided by law, before a justice of the peace or other examining magistrate or officer,” unless the accused waives such right; but the objection for such failure or omission can be taken advantage of only by plea in abatement, as in this case, before pleading to the merits. An information lies only after a legal examination, unless it has been waived. Martin v. State, 79 Wis. 165, 171. An examination regularly…
2Cases cited4 opinions
- Martin v. StateWisconsin Supreme Court · 1891
- Wanzer v. HowlandWisconsin Supreme Court · 1859
- Tennis v. AndersonSupreme Court of Iowa · 1881
- Bremner v. HallowellSupreme Court of Iowa · 1882
3Cited by9 opinions
- State Ex Rel. McCaffrey v. ShanksCourt of Appeals of Wisconsin · 1985
- Jackson v. StateWisconsin Supreme Court · 1895
- Cress v. StateCourt of Criminal Appeals of Oklahoma · 1918
- State Ex Rel. White v. District Court of Milwaukee CountyWisconsin Supreme Court · 1952
- State ex rel. De Puy v. EvansWisconsin Supreme Court · 1894
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