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STATE v. FRIEDL

259 Wis. 110 (1951)

STATE, Appellant, vs. FRIEDL and others, Respondents.

Supreme Court of Wisconsin.

April 3, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by the Attorney General, William A. Platz, assistant attorney general, Jack R. DeWitt, acting district attorney of Dane county, and Roland B. Day, first assistant district attorney, and oral argument by Mr. Platz and Mr. DeWitt.

For the respondents Clement A. Friedl, Abe Mintz, Irving Sklar, and Gerald Taborsky, there was a brief by Murphy & Gavin and La Follette, Sinykin & Doyle, attorneys, and Albert E. Brandt of counsel for Clement A. Friedl, and oral argument by James E. Doyle and Stephen E. Gavin, all of Madison.

For the respondent Ray C. Bareis there was a brief by Spohn, Ross, Stevens & Lamb of Madison.

HUGHES, J.

The question here presented is whether Judge SACHTJEN was acting as a court or as a magistrate.

Ch. 354, Stats., provides the procedure for the arrest and examination of persons charged with crime. Sec. 354.01, Stats., authorizes certain officials, including judges of courts of record, to issue criminal process and designates all such as magistrates. Sec. 354.02 (5) provides in part:

". . . It [the warrant] shall command that the defendant...

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