[DOWNLOAD] "State Ex Rel. Gaynon v. Krueger" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Gaynon v. Krueger
• Author : Supreme Court of Appeals of West Virginia
• Release Date : January 01, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

On April 5, 1965, a criminal complaint was filed in the county court of Milwaukee county against Irwin E. Gaynon, the appellant, alleging he violated sec. 71.11 (42), Stats., by filing false income-tax returns for the years 1958, 1959, and 1960. That section provides for a fine not exceeding $500 or imprisonment not to exceed one year, or both, for failure or refusal to make an income-tax return or for filing a false or fraudulent one. The appellant moved to dismiss the complaint on the ground the violation was a misdemeanor which was barred by the three-year statute of limitations. Sec. 939.74 provides generally the prosecution for a misdemeanor shall be commenced within three years after the commission thereof and for felonies, within six years. The county court, John E. Krueger, county Judge, presiding, dismissed the action and the state petitioned the circuit court for a writ of mandamus to compel Judge Krueger to proceed with a preliminary hearing on the ground the offense charged was a felony. The appellants motion to intervene in this proceeding as the real party in interest was denied and a peremptory writ of mandamus was issued. The appellant requested the county court for authority to appeal but was denied, and a date was set for the preliminary hearing.

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