Legal Opinion

State v. Grottkau

Wisconsin Supreme Court

Decided March 12, 1889PublishedCited by 16 opinions

ERROR to the Circuit Court for Milwaukee County. Paul Grottkau was indicted, tried, and convicted in the municipal court of Milwaukee county of the offense of riot, and on May 7, 1887, was sentenced to confinement at hard labor for one year in the house of correction. Before execution of snob sentence, and on May 14, 1887, that court granted a stajr of execution of the judgment, pending the determination of the case by this court, to which it was brought by writ of error.

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ERROR to the Circuit Court for Milwaukee County. Paul Grottkau was indicted, tried, and convicted in the municipal court of Milwaukee county of the offense of riot, and on May 7, 1887, was sentenced to confinement at hard labor for one year in the house of correction. Before execution of snob sentence, and on May 14, 1887, that court granted a stajr of execution of the judgment, pending the determination of the case by this court, to which it was brought by writ of error. Grottkau gave the required security, and was released from custody. This court affirmed the judgment of the municipal…

1Opinion of the CourtLyoN, J.

We have not been favored with an argument or brief in behalf of defendant in error, and for that reason shall not indulge in any extended discussion of the questions which might be raised upon the record before us. Indeed, we shall consider but one of those questions, and that but briefly.

Doubtless the circuit court discharged Grottkau from custody because the year for which he was sentenced to imprisonment had expired when the writ of habeas corpus was issued. Hence that court must have held that his term of imprisonment commenced when judgment and sentence were pronounced, and that the…

2Cases cited16 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Ableman v. BoothSupreme Court of the United States · 1859
  3. Tarble's CaseSupreme Court of the United States · 1872
  4. United States v. ChouteauSupreme Court of the United States · 1881
  5. In re PierceWisconsin Supreme Court · 1878

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3Cited by16 opinions

  1. In re WebbWisconsin Supreme Court · 1895
  2. Drewniak v. State Ex Rel. JacquestWisconsin Supreme Court · 1941
  3. State v. WitteWisconsin Supreme Court · 1943
  4. State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
  5. Carruth v. TaylorNorth Dakota Supreme Court · 1898

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