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STATE EX REL. FIELDHACK v. GREGORSKI

272 Wis. 570 (1956)

STATE EX REL. FIELDHACK, Appellant, vs. GREGORSKI, District Judge, Respondent.

Supreme Court of Wisconsin.

April 3, 1956.

Attorney(s) appearing for the Case

For the appellant there was a brief by George D. Prentice, attorney, and Richard B. Surges of counsel, both of Milwaukee, and oral argument by Mr. Surges.

For the respondent there was a brief by the Attorney General and William A. Platz, assistant attorney general, and William J. McCauley, district attorney of Milwaukee county, and Joseph E. Tierney, deputy district attorney, and oral argument by Mr. Platz.

BROADFOOT, J.

The contentions of the relator may be summarized as follows: The trial court has no jurisdiction to proceed with a criminal trial where the accused is being prosecuted under an unconstitutional law; that a writ of prohibition is a proper legal device to prevent a trial court from exceeding its jurisdiction in entertaining a prosecution under an unconstitutional law where the only other available remedy is for...

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