Hepler v. State
Wisconsin Supreme Court
ENRON to tbe Circuit Court for Columbia County. This was a prosecution for selling intoxicating liquors without license. On defendant’s affidavit of the prejudice of the justice before whom the action was commenced, it was sent for trial to one Stanley, another justice, who found the defendant guilty and rendered judgment against him.
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ENRON to tbe Circuit Court for Columbia County. This was a prosecution for selling intoxicating liquors without license. On defendant’s affidavit of the prejudice of the justice before whom the action was commenced, it was sent for trial to one Stanley, another justice, who found the defendant guilty and rendered judgment against him. The cause was then appealed to the circuit court, where defendant was found guilty, and judgment rendered against him; to reverse which he sued out his writ of error. The return of justice Stanley to the circuit court states that the papers in the action were…
1Opinion of the CourtRyan, C. J.
It has been too long and too well established for discussion, that the justice’s conviction must appear on its face to be within his jurisdiction.
Sec. 5, ch. 121, R. S., amended by ch. 35 of 1868, requires that the justice, on the return of the warrant with the accused, shall proceed to hear, try and determine the case, within one day, unless continued for cause. This provision must receive a reasonable construction. It cannot be construed to impose impossibilities upon the justice; or to require him to dispose, within one day, of a case necessarily occupying more than one day in hearing. The…
2Cited by7 opinions
- Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
- State ex rel. Dearborn v. MerrickWisconsin Supreme Court · 1898
- State v. BoncherWisconsin Supreme Court · 1884
- State v. HaasWisconsin Supreme Court · 1881
- State ex rel. Dunlap v. NohlWisconsin Supreme Court · 1902
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