State v. Lockwood
Wisconsin Supreme Court
EEPOETED from the Municipal Court of Bane County. The report of this cause, made by the judge of said court under the statute, states, in substance, that questions of law arose in respect to the proceedings therein, so important and so doubtful as in bis opinion to require the decision of this court upon them; and that, “ the defendant desiring that such questions of law be referred ” to this court, he, the said judge, therefore submits the same, and certifies the cause, so…
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EEPOETED from the Municipal Court of Bane County. The report of this cause, made by the judge of said court under the statute, states, in substance, that questions of law arose in respect to the proceedings therein, so important and so doubtful as in bis opinion to require the decision of this court upon them; and that, “ the defendant desiring that such questions of law be referred ” to this court, he, the said judge, therefore submits the same, and certifies the cause, so far as such questions are involved. It then states, in substance, that an information was filed in said court, April…
1Opinion of the CourtRyan, C. J.
No counsel appeared on the argument, for the accused. The case was presented for the state only.
The attorney general was mistaken in assuming that the de*405fendant’s consent to the report of the learned judge of the municipal court did not appear. But his objection that the report does not show a legal trial of the accused, to warrant the report and to give jurisdiction to this court to consider it (State v. Parish, 42 Wis., 625), appears to be well taken.
A plea of not guilty to an information or indictment for crime, whether felony or misdemeanor, puts the accused upon the country, and can be…
2Cases cited2 opinions
- Neales v. StateSupreme Court of Missouri · 1847
- State v. ParishWisconsin Supreme Court · 1877
3Cited by31 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- State v. HansfordWisconsin Supreme Court · 1998
- Hack v. StateWisconsin Supreme Court · 1910
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Harris v. PeopleIllinois Supreme Court · 1889
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