O'Donnell v. State
Wisconsin Supreme Court
Ebeob to review a judgment of the circuit court for Ean Claire county: James O’Neill, Circuit Judge. The plaintiff in error, having been convicted of murder in the first degree by the circuit court for Eau Claire county on January 17, 1899, on February 3, 1905, procured to be issued a -writ of error from this court to review said judgment, in response to which a record was filed in this court July 6, 1905. On December 12, 1905, before the filing of any briefs, the attorney…
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Ebeob to review a judgment of the circuit court for Ean Claire county: James O’Neill, Circuit Judge. The plaintiff in error, having been convicted of murder in the first degree by the circuit court for Eau Claire county on January 17, 1899, on February 3, 1905, procured to be issued a -writ of error from this court to review said judgment, in response to which a record was filed in this court July 6, 1905. On December 12, 1905, before the filing of any briefs, the attorney general, on notice, moved this court to dismiss said writ, on the ground that, when issued, more than two years' had…
1Opinion of the CourtDodge, J.
The first ground of dismissal, is the statute of limitations (sec. 3039, Stats. 1898), rendered applicable to writs of error in criminal cases by sec. 4724: “The time within which a writ of error may be issued ... is limited to *601two years from the date of the entry of” the judgment to be reviewed. Confessedly, if this statute is to be obeyed by the court, the present writ was barred long before the date of application therefor. There has been no waiver of the statute; for, before the joining of any issue upon the writ, the defendant in error has, by formal motion, raised the objection. Brooks…
2Cases cited9 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Jehiel Brooks, in Error v. Samuel NorrisSupreme Court of the United States · 1851
- Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. LoomisIllinois Supreme Court · 1892
- Smith v. PackardWisconsin Supreme Court · 1860
- Frels v. Little Black Farmers' Mutual InsuranceWisconsin Supreme Court · 1904
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3Cited by3 opinions
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