Baker v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Dodge County. In bastardy proceedings the defendant was found guilty, and to review the judgment entered on such verdict sued out a writ of error. The facts will appear from the opinion. They contended, inter alia, that the statute which provides that the justice shall take the complaint in writing, “ and shall thereupon issue his warrant,” etc., requires the warrant to be issued immediately.
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ERROR to the Circuit Court for Dodge County. In bastardy proceedings the defendant was found guilty, and to review the judgment entered on such verdict sued out a writ of error. The facts will appear from the opinion. They contended, inter alia, that the statute which provides that the justice shall take the complaint in writing, “ and shall thereupon issue his warrant,” etc., requires the warrant to be issued immediately. R. S. 1858, ch. 37, sec. 1; R. S., sec. 1530; “Webster’s, Worcester’s and Johnson’s Dictionaries. As to the meaning of “ immediately,” see Richardson v. Mid, 43 Wis., 316;…
1Opinion of the CourtTayloe, J.
The plaintiff in error was arrested on a warrant issued by a justice of the peace of Waukesha county, upon a complaint for bastardy under ch. 64, E. S. 1878, made May 16, 1878. There was a warrant issued on the same day the complaint was made, and placed in the hands of the sheriff of said county. BTo arrest was made on this warrant, and the same was not returned to the justice. The justice certifies that the term of office of the sheriff, to whom said warrant was issued, expired, and no arrest had been made by him; that the said warrant had not been returned to him or delivered by such…
2Cases cited16 opinions
- Wheeler v. StateWisconsin Supreme Court · 1869
- Steen v. NortonWisconsin Supreme Court · 1878
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- State v. JagerWisconsin Supreme Court · 1865
- State v. MushiedWisconsin Supreme Court · 1860
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. MendozaWisconsin Supreme Court · 1977
- Boldt v. StateWisconsin Supreme Court · 1888
- In Matter of GrantWisconsin Supreme Court · 1978
- J. M. S. Ex Rel. Webb v. BensonWisconsin Supreme Court · 1980
- Bookhout v. StateWisconsin Supreme Court · 1886
13 more not listed; retrieve them via the Exa API.