206 Wis. 611 | Wis. | 1932
The question presented in this case is whether sec, 361.27, Stats., requires the evidence taken in
“All examinations, evidence and recognizances taken by any magistrate in pursuance of the provisions of this chapter shall be certified and returned by him to the clerk of the court before which the party charged is bound to appear, within ten days after the close of such examination; and if such magistrate shall neglect or refuse to return the same he may be compelled to do so forthwith by rule of the court, and in case of disobedience may be proceeded against by attachment as for contempt; and for such neglect he shall be liable to a penalty of twenty dollars, to be collected in an action against him as other penalties are collected.”
Sec. 361.02 provides:
“Upon complaint made to any such magistrate that a criminal offense has been committed, he shall examine, on oath, the complainant and any witness produced by him, and shall reduce the complaint to writing and shall cause the same to be subscribed by the complainant; and if it shall appear that any such offense has been committed the magistrate shall issue a warrant reciting the substance of the accusation, and requiring the officer to whom it shall be directed forthwith to take the person accused and bring him before the said magistrate, or before some other magistrate of the county, to be dealt with according to law; and in the same warrant may require the officer to summon such witnesses as shall be therein named to appear and give evidence on the examination.”
It is the contention of the petitioner that sec. 361.27 applies to proceedings under sec. 361.02 because it is made expressly to apply to every examination in pursuance of the provisions of ch. 361.
We have concluded that this contention is without merit. It is contended by the district attorney, and conceded by the petitioner, that sec. 361.02 does not require the magistrate in a proceeding thereunder to reducé the testimony to writing. Obviously, therefore, the provisions of sec. 361.27 COUld not be given the literal meaning claimed for it by
“When this statute was first enacted the common-law practice was for the magistrate to issue the warrant on a complaint of mere suspicion, and he was protected in doing so. This was found to be a very unsafe practice. Many arrests were made on groundless suspicion, when the accused were innocent of the crime, and there was no testimony whatever against them. The law delights as much in the protection of the innocent as in the punishment of the guilty. This statute was made to protect citizens from arrest and imprisonment on frivolous and groundless suspicion.”
The method of doing this is to have a hearing to determine whether a warrant shall issue and criminal proceedings bq initiated. The statute js for the protection of the person
By the Court. — Order affirmed.