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STATE EX REL. KLINKIEWICZ v. DUFFY

35 Wis.2d 369 (1967)

STATE EX REL. KLINKIEWICZ, Appellant, v. DUFFY, County Judge, and another, Respondents.

Supreme Court of Wisconsin.

June 6, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Meldman & Kahn, attorneys, and John T. Lynch of counsel, all of Milwaukee, and oral argument by Clifford K. Meldman.

For the respondent Duffy the cause was argued by David J. Cannon, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, Hugh R. O'Connell, district attorney, Robert P. Russell, corporation counsel of Milwaukee county, and Joseph J. Esser, assistant corporation counsel.

CURRIE, C. J.

The following issues are presented on this appeal:

(1) Whether a magistrate, who adjourns a preliminary examination for more than ten days without consent of the accused contrary to sec. 954.05 (1), Stats., loses jurisdiction.

(2) Whether prohibition was the proper remedy to be employed by petitioner.

Interpretation of Sec. 954.05 (1), Stats.

Sec. 954.05 (1), Stats., provides:

"Adjournments of hearing...

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