State v. Gilmer

This action is now before the court on a writ of error sued out by the state of Wisconsin to review the action of the county judge of Florence county in dismissing the action and discharging the defendant.

*528The only question to be decided is whether jeopardy attached by virtue of the arraignment of the defendant before the justice of the peace of Forest county, no jury having been impaneled or witnesses sworn and the action thereafter having been dismissed upon the motion of the district attorney. If jeopardy attached as a result of such arraignment of the defendant before the justice of the…