Legal Opinion

Murphy v. State

Wisconsin Supreme Court

Decided April 5, 1905PublishedCited by 23 opinions

Eeeor to review a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaeraNt, Circuit Judge. This prosecution, instituted under sec. 4415, Stats. 1898, was commenced on the 4th day of September, 1903, by complaint made to and filed with the district court for Milwaukee county, charging the plaintiff in error — who will be designated hereafter as the defendant — with the offense of bribery.

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Eeeor to review a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaeraNt, Circuit Judge. This prosecution, instituted under sec. 4415, Stats. 1898, was commenced on the 4th day of September, 1903, by complaint made to and filed with the district court for Milwaukee county, charging the plaintiff in error — who will be designated hereafter as the defendant — with the offense of bribery. The court issued the warrant upon this complaint, and defendant was apprehended and brought before the district court. Before any preliminary examination of defendant was held, an objection was…

1Opinion of the CourtSiebeckeR, J.

The plea in abatement, alleging that the court had no jurisdiction of the person or of the subject matter of the transaction, is based upon the ground that no. sufficient and valid complaint had been filed before the defendant was arrested and the preliminary examination was. held. The complaint states facts which, in effect, set forth the necessary elements constituting the alleged offense. The complainant in form deposes and states that he, “being first' duly sworn, on oath complains to the district court of the county of Milwaukee, and states that he has good reason to< believe and does…

2Cases cited23 opinions

  1. Brown v. WalkerSupreme Court of the United States · 1896
  2. Hinshaw v. StateIndiana Supreme Court · 1897
  3. James v. BowmanSupreme Court of the United States · 1903
  4. Jenkins v. StateSupreme Court of Florida · 1895
  5. People v. SalsburyMichigan Supreme Court · 1903

18 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. People v. CoffeyCalifornia Supreme Court · 1911
  2. Sparkman v. StateWisconsin Supreme Court · 1965
  3. Glodowski v. StateWisconsin Supreme Court · 1928
  4. Havenor v. StateWisconsin Supreme Court · 1905
  5. Miller v. StateWisconsin Supreme Court · 1909

18 more not listed; retrieve them via the Exa API.

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