State v. Meese

The following opinion was filed June 4, 1929:

Fowler, J.

It is contended by the State that the motion is not properly before the court because brought by appeal instead of writ of error. Cases decided prior to passage of ch. 333, Laws of 1927 (sec. 358.13, Stats.), are cited in support. The cases, however, are inapplicable in view of this statute, which provides that “In all cases in which a writ of -error is authorized . . . in a criminal case” the party entitled to the writ may “take an appeal” as was here done. As the defendant was adjudged guilty of a “criminal contempt” the case falls…