Smith v. State
Wisconsin Supreme Court
EeROe to review a judgment of tlie circuit court for Brown county: S. D. Hastiet&s, Circuit Judge.
1Opinion of the CourtVihje, J.
The sole question presented by this appeal is, Can private counsel lawfully prosecute in a bastardy proceeding? It is conceded by counsel for plaintiff in error that previous to the enactment of sec. 1533m, Stats. (Laws of 1907, ch. 648), they could do so, but it is claimed that since its enactment only the district attorney has such right. The section reads: “It shall be the duty of the district attorney to appear and prosecute in all bastardy proceedings in the trial court, . . and it is argued that this law, placing the duty upon the district attorney to prosecute, by implication excludes…
2Cases cited7 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Biemel v. StateWisconsin Supreme Court · 1888
- Baker v. StateWisconsin Supreme Court · 1883
- State v. JagerWisconsin Supreme Court · 1865
- State v. MushiedWisconsin Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cessna v. MontgomeryIllinois Supreme Court · 1976
- State v. PetersonWisconsin Supreme Court · 1928
- State v. SaxSupreme Court of Minnesota · 1950
- State ex rel. Mahnke v. KablitzWisconsin Supreme Court · 1935
- State ex rel. Reynolds v. FlynnWisconsin Supreme Court · 1923
5 more not listed; retrieve them via the Exa API.