(DOWNLOAD) "Wolke v. Fleming" by Supreme Court of Wisconsin * eBook PDF Kindle ePub Free
eBook details
- Title: Wolke v. Fleming
- Author : Supreme Court of Wisconsin
- Release Date : January 01, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Raymond W. Fleming, the defendant in error, hereinafter referred to as ""defendant,"" was arrested upon a warrant and complaint made January 8, 1964. The complaint charged the defendant with two counts of false swearing before a magistrate in a John Doe hearing in the city of Milwaukee, Wisconsin, on August 21 and September 22, 1962, respectively. The complaint also charged the defendant as chief deputy clerk of the criminal division of the circuit and county courts of Milwaukee county with misfeasance in office on eight counts under sec. 946.12 (1) and (2), Stats., in failing to report to the motor vehicle department of the state of Wisconsin within forty-eight hours as required by sec. 343.28, the convictions of various persons for traffic violations and on one count for instructing a subordinate to refrain from reporting certain traffic violation convictions. On January 29, 1964, before a preliminary hearing had been held, the defendant procured a writ of to which the plaintiff in error, Michael S. Wolke, sheriff of Milwaukee county, made a return. A traverse to the return was made and the plaintiff in error demurred to the traverse. Upon a hearing the trial court ordered the plaintiff in error to release the defendant from custody. The trial court in its memorandum decision took the view the vital issue presented by the proceeding was whether the magistrate conducting the John Doe proceeding had jurisdiction of the defendant. The trial court held the magistrate had no such jurisdiction, stating: ""Again, we are of the opinion that as no oral or written complaint regarding petitioner was made to the magistrate before he proceeded with the interrogation of petitioner, he had no jurisdiction of the petitioner and the petitioner is entitled to the relief claimed in view of the fact that the complaint and warrant in the criminal action were based wholly on the information obtained in the John Doe proceedings as admitted by the demurrer."" It is the order discharging the defendant which the plaintiff in error seeks to review.