Legal Opinion

Galloway v. State

Wisconsin Supreme Court

Decided November 1, 1966PublishedCited by 46 opinions

1Opinion of the CourtGordon, J.

Subject-Matter Jurisdiction of the Court.

Mr. Galloway challenges his conviction. on the ground that the circuit court was without subject-matter jurisdiction because the criminal complaint against him was not made before “a magistrate or other person empowered to issue warrants of arrest” under sec. 954.02 (1), Stats. The complaint was sworn to before a deputy clerk of the Milwaukee county court, and such clerk is not one authorized to issue warrants of arrest. Cf. State ex rel. White v. Simpson (1965), 28 Wis. (2d) 590, 137 N. W. (2d) 391.

This court has held that a defect in the issuance of…

2Cases cited29 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. New JerseySupreme Court of the United States · 1966
  3. Shepard v. United StatesSupreme Court of the United States · 1933
  4. Harrigan v. GilchristWisconsin Supreme Court · 1904
  5. Cowie v. StrohmeyerWisconsin Supreme Court · 1912

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

3Cited by46 opinions

  1. Whitty v. StateWisconsin Supreme Court · 1967
  2. State v. KnappWisconsin Supreme Court · 2005
  3. Embry v. StateWisconsin Supreme Court · 1970
  4. Figgs v. City of MilwaukeeWisconsin Supreme Court · 1984
  5. Gaertner v. StateWisconsin Supreme Court · 1967

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

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