153 Wis. 203 | Wis. | 1913
After a hearing on habeas corpus proceeding before the circuit court the plaintiff in error was remanded to the custody of the defendant in error, inspector of the house of correction for Milwaukee county, and the former brings before us said remand for review.
The plaintiff in error was convicted in the district court of Milwaukee county on May 21, 1912, and sentenced to be imprisoned in the house of correction at hard labor for a term'
Plaintiff in error relies upon the case of In re Crow, 60 Wis. 349, 19 N. W. 713. In that case Crow was sentenced by the circuit court, on four several convictions for misdemeanors, to pay fines and costs, and if not paid forthwith to be imprisoned in the county jail for several successive terms aggregating seventy days. On the same day the clerk issued! and delivered to the sheriff four certificates of conviction and sentence, but the sheriff at the request of Crow did not take him into custody thereon or attempt to commit' him until March 10, 1884, when he arrested C'row and held him in custody in the county jail by virtue off said certificates. Crow then prosecuted habeas corpus proceedings before a court commissioner and was discharged: After the discharge the circuit court made an order directing the clerk to issue other certificates of conviction pursuant to the original sentence and
It is unnecessary to here decide whether or not the appeal was legally dismissed. The error in dismissing the appeal, if any error there was, is not available in this proceeding. A writ of habeas corpus is not a writ of error. Kassner had ten days in which to give his notice of appeal, and had' he given a recognizance on the appeal which was approved by the district judge the appeal would have been 'effectual to continue the temporary stay upon review of the case. Sec. 4714. The court having granted a stay until May 25th for the purpose of enabling the convicted person to appeal, the time of his imprisonment could not in any event commence before the day on which this stay expired nor end in less than thirty days from that time. This writ of habeas corpus was issued June 20th of the same year, consequently the relator was properly remanded in any event. By no permissible mode of computation had his sentence expired on June 20th. But under the circumstances of this case, viz. the attempt to recognize and the pendency of the motion to dismiss the appeal,
By the Oourt. — Judgment affirmed.