Legal Opinion

Wieden v. State

Wisconsin Supreme Court

Decided February 1, 1910PublishedCited by 2 opinions

EeRob to review a judgment of the circuit court for Clark county: James O’ETeill, Circuit Judge. Plaintiff in error was examined in due form before a circuit court commissioner on a charge of having violated sec. 1564, Stats. (1898), prohibiting any tavern keeper or other persons from selling, giving away, or bartering any intoxicating liquors on the first day of the week, and also of having violated sec. 4595, Stats.

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EeRob to review a judgment of the circuit court for Clark county: James O’ETeill, Circuit Judge. Plaintiff in error was examined in due form before a circuit court commissioner on a charge of having violated sec. 1564, Stats. (1898), prohibiting any tavern keeper or other persons from selling, giving away, or bartering any intoxicating liquors on the first day of the week, and also of having violated sec. 4595, Stats. (1898), prohibiting any person from keeping open his shop on the first day of the week. He was in due form held for trial on both charges before the circuit court for Clark…

1Opinion of the Court

MaRShall, T.

The contention on behalf of plaintiff in error, that a circuit court commissioner has no jurisdiction to hold a preliminary examination in a case of this sort, and bind the accused over for trial before the circuit court for the-county where the offense is alleged to have been committed, and, therefore, the plea in abatement on that ground was improperly overruled, is ruled in the negative by Faust v. State, 45 Wis. 273; State v. Grunke, 88 Wis. 159, 59 N. W. 452.

Jurisdiction to hear all matters, .civil and criminal, within-this state is conferred on circuit courts by the…

2Cases cited2 opinions

  1. Faust v. StateWisconsin Supreme Court · 1878
  2. State v. GrunkeWisconsin Supreme Court · 1894

3Cited by2 opinions

  1. State v. FischerWisconsin Supreme Court · 1921
  2. Sedlack v. StateWisconsin Supreme Court · 1910

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