State Ex Rel. Klinkiewicz v. Duffy

The following issues are presented on this appeal:(1) Whether a magistrate, who adjourns a preliminary examination for more than ten days without consent of the accused contrary to sec. 954.05 (1), Stats., loses jurisdiction.(2) Whether prohibition was the proper remedy to be employed by petitioner.

Interpretation of Sec. 954.05 (1), Stats.

Sec. 954.05 (1), Stats., provides:

“Adjournments of hearing. (1) The magistrate may adjourn the examination from time to time, but not exceeding 10 days at one time without the consent of the defendant, . . .” (Italics supplied.)

A preliminary examination…