Guenther v. State
Wisconsin Supreme Court
EeeoR to review a judgment of the circuit court for Juneau county: J. J. Eeuit, Circuit Judge. Writ of error to review conviction of the plaintiff in error upon information charging that on or about February 1, 1907, the plaintiff in error embezzled the sum of $850 from H. E. McEachron Company, a corporation, of which he was an employee.
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EeeoR to review a judgment of the circuit court for Juneau county: J. J. Eeuit, Circuit Judge. Writ of error to review conviction of the plaintiff in error upon information charging that on or about February 1, 1907, the plaintiff in error embezzled the sum of $850 from H. E. McEachron Company, a corporation, of which he was an employee. When the case was called plaintiff in error interposed a duly verified plea in abatement alleging that he had not had a preliminary examination as provided by law before a justice of the peace or other examining magistrate or officer and that he had never…
1Opinion of the Court
Dodge, T.
1. This record presents at the threshold very serious embarrassment because of the incongruous procedure upon defendant’s plea in abatement, which had attempted to assert the fact that he had been denied the very valuable right and protection of a preliminary examination, and thus was about to be subjected to trial upon an information in the mere discretion of the district attorney — a right and protection which is assured him by sec. 4654, Stats. (1898). State v. Sorensen, 84 Wis. 27, 30, 53 N. W. 1124. It is •quite apparent that the court, instead of considering whether the plea…
2Cases cited4 opinions
- Baker v. StateWisconsin Supreme Court · 1891
- Martin v. StateWisconsin Supreme Court · 1891
- State v. SorensonWisconsin Supreme Court · 1893
- Lester v. StateWisconsin Supreme Court · 1895
3Cited by12 opinions
- Hack v. StateWisconsin Supreme Court · 1910
- State v. GlassNorth Dakota Supreme Court · 1915
- Milbrath v. StateWisconsin Supreme Court · 1909
- Kennedy v. StateIndiana Supreme Court · 1935
- State v. ThomasWashington Supreme Court · 1923
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