State Ex Rel. Maloney v. Proctor

The following opinion was filed January 14, 1947:

FowleR, J.

(on motion for rehearing). The state moves for a rehearing grounding its motion on the claim that the de- cisión apparently overrules, without mentioning them, the decisions of this court that hold that in cases under the repeater statute, sec. 359.14, Stats., when a previous conviction is charged or made to appear a justice of the peace has no jurisdiction to try misdemeanors of which he would otherwise have jurisdiction.

The opinion of the court as filed is based upon the language ,of subs. (3) and (4) of the statute involved, which…