State Ex Rel. Schulter v. Roraff

The appeal raises several issues: (1) Is prohibition a proper remedy to test the jurisdiction of the county court and the adequacy of the complaint; (2) should the state be permanently prohibited from further proceeding in the criminal action; (3) is the complaint defective; and (4) is sec. 947.15, Stats., unconstitutional ?

Writ of Prohibition.

We think the writ of prohibition was a proper remedy to test the jurisdiction of the judge of the county court as a magistrate to hold a preliminary examination on the alleged felony. Prohibition has been the subject of several recent cases in which the…