Legal Opinion

State v. McNitt

Wisconsin Supreme Court

Decided September 17, 1943PublishedCited by 6 opinions

1Opinion of the CourtFritz, J.

Defendants’ motions to dismiss the appeals must be granted. The right to appeal is purely statutory, and when not given by statute it docs not exist, even in civil' cases. Puhr v. Chicago & N. W. R. Co. 168 Wis. 101, 169 N. W. 305. In the cases at bar there can be no appeal by the state from either the judgments of acquittal and discharge of the defendants, or from the subsequent orders which denied permission for the state to appeal from the judgments, unless such permission is first granted in each instance by the trial court under the provisions in sec. 358.12, Stats., that—

“A writ of…

2Cases cited4 opinions

  1. In re StaffWisconsin Supreme Court · 1885
  2. State v. WitteWisconsin Supreme Court · 1943
  3. Puhr v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1918
  4. State ex rel. Steffes v. RisjordWisconsin Supreme Court · 1938

3Cited by6 opinions

  1. State v. BealsWisconsin Supreme Court · 1971
  2. Gallagher v. ScherneckerWisconsin Supreme Court · 1973
  3. State v. FlanaganWisconsin Supreme Court · 1946
  4. State v. KingWisconsin Supreme Court · 1952
  5. State v. NallWisconsin Supreme Court · 1946

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