State ex rel. Schutz v. Williams
Wisconsin Supreme Court
Mawdamus to ObeeN T. Williams, Judge of tbe Circuit Court for Milwaukee county. Jacob Schütz, being about for tbe first time to be placed on trial in tbe municipal court of Milwaukee county, Hon. AlviN C. Brazee presiding, for the offense of bribery, used bis statutory right to obtain a change of venue on account of tbe prejudice, as be claimed, of such judge, resulting in tbe cause being transferred for trial to tbe circuit court for Milwaukee county.
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Mawdamus to ObeeN T. Williams, Judge of tbe Circuit Court for Milwaukee county. Jacob Schütz, being about for tbe first time to be placed on trial in tbe municipal court of Milwaukee county, Hon. AlviN C. Brazee presiding, for the offense of bribery, used bis statutory right to obtain a change of venue on account of tbe prejudice, as be claimed, of such judge, resulting in tbe cause being transferred for trial to tbe circuit court for Milwaukee county. Such proceedings were duly had in such court that in due form of law be was found guilty, and waa ■sentenced to be punished by imprisonment at…
1Opinion of the CourtMaRSi-iall, J.
The questions for decision are these: A person, charged with having committed a criminal offense, having obtained one change of venue in due form of law and thereafter been tried and convicted and subsequently secured a reversal of the conviction on writ of error to this court and a remand of the cause for a new trial, can he .upoq the cause being first called for such trial obtain, as matter of right, a •second change of venue ? If that be answered in the affirmative, is it requisite in the moving affidavit to show that the ■cause for the change was not known to the accused at any term of…
2Cases cited1 opinion
- State ex rel. Davis & Starr Lumber Co. v. PorsWisconsin Supreme Court · 1900
3Cited by8 opinions
- State ex rel. Umbreit v. HelmsWisconsin Supreme Court · 1908
- State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
- Marshall v. SittonSupreme Court of Oklahoma · 1918
- State ex rel. Dunham v. Superior CourtWashington Supreme Court · 1919
- State ex rel. Milwaukee Electric Railway & Light Co. v. Circuit Court for Rock CountyWisconsin Supreme Court · 1908
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