State v. Evjue

This appeal poses important questions dealing with the scope of sec. 8, art. I, of the constitution, which provides:

“. . . no person for the same offense shall be put twice in jeopardy of punishment. . . .”

It also involves the proper interpretation of sec. 358.12 (8), Stats., which provides:

“A writ of error may be taken by and on behalf of the state in criminal cases: . . .

“(8) From rulings and decisions adverse to the state upon all questions of law arising on the trial, with the permission of the presiding judge, in the same manner and to the same effect as if taken by the defendant.”

The…