12 Wis. 439 | Wis. | 1860
By the Court,
At the November term, A.D. 1859, of the circuit court of the county of La Crosse, in the sixth judicial circuit, the defendants above named were jointly indicted for the murder of one William Dennison, said to have been perpetrated by them at the town of Greenfield, in
At the March term, 1860, of the circuit court for the county of La Crosse, the cause being on the calendar thereof, the district attorney for that county moved the court for a warrant for the arrest of Franz, Agnes, Mary and Theresa. This motion, being opposed by their counsel,was denied. A certified copy of the motion and order was transmitted to the circuit court for the county of Juneau.
Upon examination of the statute we are satisfied that we can take no cognizance of these questions by this mode of proceeding. The only case in which a report is authorized, is that specified in section 8 of chap. 180' of the Revised Statutes, which provides that, if, upon the trial of any person who shall he convicted in the circuit court, any question of law shall arise,which, in the opinion of the judge, shall be so important or' so doubtful as to require the decision of the supreme court, he shall, if the defendant desire it or consent thereto, report the case so far as may be necessary to present the question of law arising therein, and thereupon all proceedings in that court shall be stayed. It is very manifest that this case does not fall within- the statute. No trial or conviction of the defendants who are to be affected by the decision of the motion, has yet been had, and this court cannot entertain the proceeding. It must, therefore,, be dismissed.