Ryan v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Ashland County. On May 12, 1891, an information in due form was filed in the municipal court of Ashland county by the district attorney against Charles Ryan, the plaintiff in error, and two others, charging them jointly with having committed the crime of burglary, by unlawfully and feloniously breaking and entering the dwelling house of one Edward Welsh, in that county, in the night-time of March 13,1891, with intent then and there to commit…
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ERROR to the Circuit Court for Ashland County. On May 12, 1891, an information in due form was filed in the municipal court of Ashland county by the district attorney against Charles Ryan, the plaintiff in error, and two others, charging them jointly with having committed the crime of burglary, by unlawfully and feloniously breaking and entering the dwelling house of one Edward Welsh, in that county, in the night-time of March 13,1891, with intent then and there to commit the crime of larceny. On the same day Ryan was arraigned and pleaded not guilty to the charge in the information, and on…
1Opinion of the CourtLyon, C. J.
I. The plea in abatement, based on the alleged want of a legal preliminary examination of the plaintiff in error, was properly overruled, for the reason given by the trial court. In the municipal court he pleaded to the information “ Not guilty.” When he interposed his plea in abatement in the circuit court the plea of not guilty (which, of course, was a plea to the merits) was in full force, no leave having been granted or asked to withdraw it. The statute provides that “ no failure or omission of such preliminary examination shall in any case invalidate any information in any court, unless…
2Cases cited6 opinions
- Ingalls v. StateWisconsin Supreme Court · 1880
- Stuart v. PeopleMichigan Supreme Court · 1879
- Leonard v. Territory, Washington Territory1885
- Graves v. StateWisconsin Supreme Court · 1860
- Palmer v. BroderWisconsin Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- State v. McDanielOregon Supreme Court · 1901
- Musser v. StateIndiana Supreme Court · 1901
- State v. BradySupreme Court of Iowa · 1903
- Baker v. StateWisconsin Supreme Court · 1894
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