[Download] "State Ex Rel. Evanow v. Seraphim" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free

July 30, 2021

eBook details

Title: State Ex Rel. Evanow v. Seraphim
Author : Supreme Court of Appeals of West Virginia
Release Date : January 01, 1968
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Pursuant to sec. 954.02, Stats., a hearing was held and criminal complaint sworn to before Judge John J. Kenney, serving as magistrate in Milwaukee county, charging Lionel Evanow with burglary. On November 24, 1967, magistrate Kenney issued a warrant for the arrest of Evanow. On November 28, 1967, he was arrested. On December 14, 1967, relator brought a motion before the county court in Milwaukee, Judge Christ T. Seraphim presiding, to dismiss the action because (1) the complaint failed to state facts from which the magistrate could infer probable cause; (2) the complaint failed to state sufficient basis for allegations made on information and belief. Judge Seraphim denied the motion. On December 27, 1967, relator obtained an alternative writ of prohibition from the circuit court, Judge Robert C. Cannon presiding, restraining the holding of a preliminary hearing. Judge Cannon held the complaint sufficient and dismissed the application for the writ. Relator brings this appeal.