"The supreme court shall have and exercise an appellate jurisdiction only. The order upon which defendant has predicated this appeal did not end the proceedings or prevent a final judgment, nor is it an order by "a court of law." "The general rule is that the writ lies after final judgment, or after an order in the nature of a final judgment, rendered in a court of law." (Emphasis supplied.) State cited in Babbitt, supra, as authority for the foregoing proposition additionally states: "A final judgment or an order in the nature of a final judgment, for the purposes of review by writ of error, is a judgment or order which not only affects a substantial right of a party, but in addition, the impact of the judgment or order upon the party's rights cannot be affected by subsequent proceedings before the same tribunal." State defines a final judgment or order in the nature of a final judgment. *207 A criminal appeal or writ of error may be taken from a final judgment or order in the nature of final judgment. Either party has one year, after entry of the order or judgment appealed from, to serve notice of appeal or procure the issuance of a writ of error." In lieu of prosecuting a writ of error, either party may appeal to the supreme court in the manner provided in civil cases. "Appeals to supreme court time for taking. Counsel for defendant concedes the order was that of a magistrate and is not appealable, but contends that since the issue relating to jurisdiction of the juvenile court is of first impression in Wisconsin the appeal should not be dismissed.Īppeal in criminal cases is purely a statutory right. The state contends the order by Judge CALLOW was an order of a magistrate and is not appealable. On June 14, 1966, an order was issued signed.ĭenying defendant's motion for transfer to juvenile court. The proceedings outlined in the statement of facts took place on that date. On June 2, 1966, defendant personally appeared before Judge WILLIAM G. ![]() The instant action was initiated in the Waukesha county court, branch II, by the filing of a complaint dated June 1, 1966. Order of MagistrateAppealability of Appellate Jurisdiction of this Court of Review. Is an order of a magistrate denying a motion for transfer of the case to juvenile court an appealable order subject to review by this court? The sole issue involved on this appeal is as follows: Platz, assistant attorney general, and Roger Murphy, district attorney of Waukesha county. La Follette, attorney general, William A. ![]() Brown, assistant attorney general, with whom on the brief were Bronson C. *205 For the appellant there were briefs and oral argument by Richard McConnell of Waukesha.įor the respondent the cause was argued by Betty R.
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