Legal Opinion

State ex rel. Brill v. Spieker

Wisconsin Supreme Court

Decided November 8, 1955PublishedCited by 3 opinions

1Opinion of the CourtMartin, J.

Appellant states the first question involved as follows:

Can the state upon a preliminary hearing be compelled to produce an exhibit previously offered in evidence on a John Doe hearing, to show the innocence of the defendant ?

It is conceded that:

“Where a person is detained pursuant to the order of the court made upon a preliminary examination, the only question raised by a writ of habeas corpus is, ‘Was there any evidence for the magistrate to act upon and whether the complaint charged any offense known to the law?’ When it is discovered that there is competent evidence upon which the…

2Cases cited6 opinions

  1. State v. HintzWisconsin Supreme Court · 1930
  2. State Ex Rel. Marachowsky v. KerlWisconsin Supreme Court · 1951
  3. Whitmore v. StateWisconsin Supreme Court · 1941
  4. State Ex Rel. Morgan v. FischerWisconsin Supreme Court · 1941
  5. State v. ButlerSupreme Court of Minnesota · 1891

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

3Cited by3 opinions

  1. State v. SelgadoNew Mexico Supreme Court · 1967
  2. Iowa Nat. Mut. Ins. Co. v. Liberty Mut. I. Co.Wisconsin Supreme Court · 1969
  3. Iowa National Mutual Insurance v. Liberty Mutual InsuranceWisconsin Supreme Court · 1969

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