67 Wis. 368 | Wis. | 1886
The plaintiffs in error were indicted, tried convicted, and sentenced, for conspiracy and riot, in the municipal court of Milwaukee county. Before the trial the defendants objected to the jurisdiction of the court, which objection was overruled, and the defendants excepted. There was also a motion for a new trial and a motion in arrest of judgment, which were overruled, and exception taken.
One of the objections argued in the court below, and the
The learned counsel of the plaintiffs in error contend that, by the statutes of this state, said action should have been sent for trial to the circuit court of Milwaukee county, and that the said judge of the Thirteenth circuit had no jurisdiction thereof. The rules of statutory interpretation and construction are well known. From an examination of the statutes relating to the question we are satisfied that the intention of the legislature can be gathered from the language, without resorting to more foreign rules of interpretation. It may be conceded that the general statute in relation to a change of venue on account of the prejudice of the judge is applicable to the municipal court of Milwaukee county; as sec. 2509, E. S., providing what shall be done upon a change of venue being granted on account of the prejudice of the judge, must be based upon the general statute. That statute provides that the venue shall be changed to the circuit court of Milwaukee county unless the judge of that court is also prejudiced; then to some county in a circuit adjoining Milwaukee county.
The same legislature of 1883 subsequently enacted, ch. 218, which adds a section to ch. 190, R. S., relating to change of venue in criminal cases, as sec. 4686a, which provides that, “when a change of venue, in any criminal action pending in any court of record of any county of this state, .shall be applied for in any such court in the manner provided by law, on account of the prejudice of the judge .thereof, such court may, i/n lieu, of awarding a chcmge of venue therein, make an order requesting the circuit judge of an adjoining circuit to hold the court where such action is •pending for the trial of such action,” etc.
' The legislature had made provision for the trial of all of .the defendants in the circuit court of Milwaukee county, ■where the change of venue had been granted on the application of one or more of them, but not of all, by the mu
Now, as the law stands in its application to Milwaukee courts, the venue may be changed to the circuit court of Milwaukee county, “ or, in lieu of awarding a change of venue therein, request the circuit judge of an adjoining circuit to hold the court where such action is pending for the trial of such action.” The municipal court of Milwaukee county can do either, and the same object is accomplished, namely, all of the defendants can be tried together. These statutes are not at all in conflict. The change of venue in all cases may be commuted by requesting the judge of an adjoining circuit to hold the court where the criminal action is pending, and in that way all of the defendants can be tried together. "When there are several defendants, .and only one applies for a change of venue, it would be better to have the judge of an adjoining circuit hold the court where the action is pending, and avoid the trouble, expense, and complication of sending away the case as to the one applying for the change and retaining the case for the trial of the other defendants. The above statute, allowing all of the defendants to be tried in the circuit court of Milwaukee county to which the change is made, was only necessary in order to remove the cause as to the defendants who had not applied therefor, but in all other respects the defendants’ rights were well secured by being tried within the county, although in another court. •
To state it again, the statute authorizing the calling in
We are satisfied that the Hon. A. Soott Sloax, the judge of the Thirteenth judicial circuit of the state, being the adjoining circuit thereto, had jurisdiction to hold the municipal court of Milwaukee county for the trial of this case, by virtue of the statutes for such case made and provided, and that the conviction and sentence of the defendants were lawful and without error.
By the Court.— The judgment of the municipal court of Milwaukee county is affirmed.