State v. Christopher

A principal contention of defendant on this appeal is that “no man can resist arrest while under arrest.”

It follows, defendant’s brief argues that “. . . the action of Officer Kubash in swearing out a warrant for the arrest of defendant while then defendant was in custody of the law, under arrest for allegedly being drunk and disorderly was illegal.”

Delay In Issuance.

The prosecution sees this challenge as, at least in part, directed to the issuance of the warrant, in this case five days after the offense occurred, and stresses that the “. .. . usual Milwaukee county ‘charging’ procedure was…