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The Violation Of A Municipal Ordinance As A Crime, Stanley D. Rose
The Violation Of A Municipal Ordinance As A Crime, Stanley D. Rose
Vanderbilt Law Review
The county of Winnebago passed such an ordinance and McDonald was charged with a violation of it. McDonald demanded a jury, and Judge Schniege of the municipal court ordered it. Because no provision for a jury trial was in the ordinance, Keefe, the county district attorney, petitioned the circuit court for a writ of prohibition to prevent the enforcement of the municipal court's order for a jury trial. The circuit court denied the petition. On appeal, the supreme court reversed this denial. Judge Fairchild based his decision on the following chain of reasoning:
1. The power to define crimes is …