1 Wis. 258 | Wis. | 1853
By the Court,
In this case the defendant was convicted of the crime of murder, in the Circuit Court for the county of Columbia. A question of law arising at the trial, having been deemed by the judge, so important as to require the opinion of this court, the case has been reported to us pursuant to the statute. B. S. Chayo. 148, § 8.
The question is, whether the court was lawfully held, at the time of the conviction.
It appears, from the report of the judge, that the term of the court, held for the county of Columbia, at which the defendant was convicted, commenced-on the second Monday of April, and that a term of the Circuit Court, as provided by statute, was to be holden on the third Monday of the same month, for the county of Sauk It further appears, from the re
In the case of Archer vs. Ross, above referred to, the facts were these : The court was holding a term in Pike county, and during the term, appointed a special term for the same county, to commence on the day appointed by law, for the commencement of a term in Calhoun county. The court say : “ This was the day the judge of the first circuit was required by law, to hold a Circuit Court in the county of Calhoun. It was the day of the commencement of the regular term in that county, and the law imperatively required the judge to attend and open such court at such time, if practicable. On the ground of
“ The judges of the Circuit Coui’t may hold court for each other, and shall do so, when required hy law.”
It will be seen from this provision, that the only reason which can he urged in favor of the' position contended for hy the counsel for the defendant, fails in its application to the Circuit Courts of this State; for there was no necessity for the presence of the judge of the Third Circuit at the county seat of Sauk county on the third Monday of April, in order that a court might he held there on that day. The duty of holding the term might have been performed hy another judge ; and, it would undoubtedly he the duty of a circuit judge, who was engaged in holding a term of his court, and who had important business before him which he could not complete, before the time appointed hy law for the holding of a term in another county in Ms circuit should arrive, to procure, if possible, the judge of another circuit to hold the term until he should he relieved. Whether this was done
Upon the whole, we are of the opinion, that the conviction of the defendant was regular, and that there is no cause for arresting the judgment.