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STATE v. FISH

20 Wis.2d 431 (1963)

STATE, Respondent, v. FISH, Appellant.

Supreme Court of Wisconsin.

June 28, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Douglas, Omernik & Bitney of Spooner, and E. Nelton of Balsam Lake, and oral argument by W. W. Bitney.

For the respondent the cause was argued by William A. Platz, assistant attorney general, with whom on the brief was George Thompson, attorney general.

HALLOWS, J.

There is no double jeopardy involved in this case. The defendant's brief states, on page 35: "It is true the defendant in this case was not placed in jeopardy and there is no problem of double jeopardy involved." The defendant does contend, however, his discharge under sec. 955.01, Stats. 1959, barred the subsequent prosecution for the thefts of $8,810.32 during the period he acted as justice of the peace, as...

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