Drewniak v. State Ex Rel. Jacquest

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Rosenberry, C. J.

The defendant in error, hereinafter called the “defendant,” moves to quash the writ of error for the reason that an order discharging a person from custody on a writ of habeas corpus is not reviewable at the suit of the state. The defendant relies upon State v. Grottkau (1889), 73 Wis. 589, 41 N. W. 80, 41 N. W. 1063. Grottkau was indicted, tried and convicted of the offense of riot, and was sentenced to confinement at hard labor for one year in the house of correction. Before the execution of his sentence began, the trial court granted a stay of execution pending…