State ex rel. Sucher v. County Court of Milwaukee County, Branch No. 4
| Decision Date | 18 May 1962 |
| Citation | 16 Wis.2d 565,115 N.W.2d 611 |
| Parties | STATE ex rel. Robert La Follette SUCHER, Petitioner, v. The COUNTY COURT OF MILWAUKEE COUNTY, BRANCH NO. 4, the Hon. Christ T. Seraphim, presiding therein, et al., Respondents. |
| Court | Wisconsin Supreme Court |
Jack McManus, Madison, for petitioners.
John W. Reynolds, Atty. Gen., William A. Platz, Asst. Atty. Gen., Madison, William J. McCauley, Dist. Atty., James J. Bonifas, Aladin A. DeBrozzo, Asst. Dist. Attys., Robert P. Russell, Corporation Counsel, Milwaukee, for respondents.
On April 10, 1962, a criminal warrant was issued against defendant charging him with a felony. Sec. 943.21, Stats., 'Fraud on hotel or restaurant keeper.' 1
The case was set for trial in the county court of Milwaukee county, branch No. 4 Honorable Christ T. Seraphim, county judge presiding. The defendant by his attorney demanded a preliminary hearing pursuant to sec. 954.08, Stats. The trial court denied the defendant's request.
On April 23, 1962, one of the justices of this court issued an alternative writ of prohibition commanding the county court of Milwaukee county, branch No. 4, to desist and refrain from any further proceedings in the action until the 1st day of May, 1962, and that on said day cause to be shown before this court why the writ should not be made absolute. The respondent on April 27, 1962, made a motion to quash the alternative writ of prohibition.
The state concedes that the crime with which the defendant is charged is a felony.
The following two statutes are in direct conflict with each other with respect to the jurisdiction of the county court of Milwaukee county.
Sec. 253.12, Stats., amended by ch. 495, Laws of 1961, gives a county court in any county having a population of 500,000 or more, the jurisdiction to '* * * hear, try and determine all charges for misdemeanors arising within the county, and in addition thereto shall have jurisdiction to hear, try and determine all charges for offenses arising within the county, the punishment whereof does not exceed one year's imprisonment in the state prison or county jail, or a fine not exceeding $1,000, or both. * * *'
Sec. 954.13(1), Stats., ch. 561, Laws of 1961, provides that where a defendant has been charged with a felony '* * * he shall be committed to await trial in either county court or circuit court at the discretion of the magistrate, except in counties having a population of 500,000 or more he shall be...
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...of a similar jurisdictional question resolved by the original prohibition proceedings in this court in State ex rel. Sucher v. County Court (1962), 16 Wis.2d 565, 115 N.W.2d 611. The question of whether a violation of sec. 71.11(42), Stats., 1 is a felony or a misdemeanor has never been dec......
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