Legal Opinion

Sedlack v. State

Wisconsin Supreme Court

Decided February 1, 1910PublishedCited by 5 opinions

EeboR to review a judgment of the circuit court for Clark county: A. H. Reid, Judge. In proceedings.before a circuit court commissioner plaintiff in error was held for trial at the circuit court for Clark county on two charges, viz.: 1st, violating sec. 1564, Stats. (1898), creating the offense of selling, giving away, or bartering intoxicating liquors on Sunday; 2d, violating sec. 4595, Stats. (1898), creating the offense of keeping a shop open on Sunday.

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EeboR to review a judgment of the circuit court for Clark county: A. H. Reid, Judge. In proceedings.before a circuit court commissioner plaintiff in error was held for trial at the circuit court for Clark county on two charges, viz.: 1st, violating sec. 1564, Stats. (1898), creating the offense of selling, giving away, or bartering intoxicating liquors on Sunday; 2d, violating sec. 4595, Stats. (1898), creating the offense of keeping a shop open on Sunday. To the information, a plea in abatement was interposed, challenging the right of .a court commissioner to act as an examining magistrate…

1Opinion of the Court

Maeshall, I.

The question of whether the plea in abatement was properly overruled must be answered in the affirmative for the same reasons as those given in respect to a similar question in Wieden v. State, ante, p. 585, 124 N. W. 509.

*591Tlie claim made that the evidence was not sufficient to support the verdict cannot be allowed. It is quite evident from the brief statement of the case, that there was room in the evidence for the jury to reasonably come to the conclusion which they did. That being the case, it matters not that there was •also room for a different conclusion, or if it would seem,…

2Cases cited5 opinions

  1. Havenor v. StateWisconsin Supreme Court · 1905
  2. Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
  3. Hurst v. Webster Manufacturing Co.Wisconsin Supreme Court · 1906
  4. Dralle v. Town of ReedsburgWisconsin Supreme Court · 1908
  5. Wieden v. StateWisconsin Supreme Court · 1910

3Cited by5 opinions

  1. State v. BurtonWisconsin Supreme Court · 1983
  2. Hanson v. Town of ClintonWisconsin Supreme Court · 1914
  3. Ketchum v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1912
  4. Smith v. PetersonWisconsin Supreme Court · 1911
  5. Short v. BossWisconsin Supreme Court · 1929

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