Legal Opinion

Crocker v. State

Wisconsin Supreme Court

Decided May 15, 1884PublishedCited by 39 opinions

ERROR to the Circuit Court for Milwaulcee County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff in error being under arrest and about to be tried for the offense of having written and sent through the post office a threatening letter for the purpose of extorting money, and the court having been informed by the district attorney in writing that there was a probability that the prisoner was then insane, and thereby incapacitated to act for herself, and ought…

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ERROR to the Circuit Court for Milwaulcee County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff in error being under arrest and about to be tried for the offense of having written and sent through the post office a threatening letter for the purpose of extorting money, and the court having been informed by the district attorney in writing that there was a probability that the prisoner was then insane, and thereby incapacitated to act for herself, and ought not, for that reason, to be then put upon her trial, and it being prayed that an inquisition into her mental condition…

1Opinion of the CourtCassoday, J.

Can such an order be reviewed by this court on writ of error? The learned counsel for the plaintiff in error has made no reference to the question, and no authorities have been cited upon it in behalf of the state. At common law, such writ could only be brought upon a final judgment, or an award in the nature of a final judgment. Finch v. Ranow, 1 Ld. Raym., 610; S. C,, 3 Salk., 145; Rex *555v. Dublin, 1 Strange, 536; Jaques v. Cesar, 2 Saund., 101, note; Samuel v. Judin, 6 East, 336; Tyler v. Hamersley, 44 Conn., 409; 2 Burrill’s Pr., 132; Hill v. Bloomer, 1 Pin., 283; Merrill v. Rollin, id.,…

2Cases cited23 opinions

  1. Bennett v. StateWisconsin Supreme Court · 1883
  2. In re FerrierIllinois Supreme Court · 1882
  3. Milwaukee Industrial School v. Supervisors of Milwaukee CountyWisconsin Supreme Court · 1876
  4. Exparte CrouseSupreme Court of Pennsylvania · 1839
  5. Ex parte Ah PeenCalifornia Supreme Court · 1876

18 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Cooper v. OklahomaSupreme Court of the United States · 1996
  2. Smith v. SmithSupreme Court of Alabama · 1950
  3. Youtsey v. United StatesCourt of Appeals for the Sixth Circuit · 1899
  4. Jolley v. StateCourt of Appeals of Maryland · 1978
  5. State Ex Rel. Matalik v. SchubertWisconsin Supreme Court · 1973

34 more not listed; retrieve them via the Exa API.

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