Pepin v. State ex rel. Chambers

The first question raised is whether a writ of error lies. Sec. 358.12, sub. (3), Stats., provides that a *570writ of error may be taken on behalf of the state in criminal cases, “from any final order or judgment, adverse to the state, made or rendered before jeopardy has attached.” It is contended that jeopardy here attached on October 25, 1932, when defendant was arraigned and a witness sworn for the state for the reason that the complaint is sufficient to charge a misdemeanor under sec. 343.41, and the county court had jurisdiction to try defendant for this offense. Sec. 343.41 penalizes as a…