State Ex Rel. Kurkierewicz v. Cannon

The defendant, district attorney, moved to quash the alternative writ. It is conceded by the parties to this action that a motion to quash the writ is deemed a demurrer and admits the facts appearing in the petition. Sec. 293.01, Stats.; State ex rel. Nelson v. Henry (1934), 216 Wis. 80, 256 N. W. 714; Walter Laev, Inc. v. Karns (1968), 40 Wis. 2d 114, 161 N. W. 2d 227.

The following facts are alleged in the petition of Marcella Kurkierewiez: In April, 1968, her eighteen-year-old son, Jerome, was killed as a result of being shot twice, once in the head and once in the chest, by Patrolman…