
    State vs. Town of Byron.
    A criminal action (in this case an indictment against a town for maintaining a nuisance) cannot be brought to this - court by appeal, but by-writ of error.
    APPEAL from the Circuit Court for Fond du Lac County.
    
      Coleman & Thorp, for appellant.
    
      Knowles & Babcock, for respondent
   Cole, J.

The Town of Byron was indicted, in the circuit court of, Fond du Lac county for maintaining a public nuisance, in not repairing a highway. There was a trial and conviction, and the cause is brought to this court by appeal. This court has decided in several cases that a criminal cause cannot be brought up by appeal. The proper practice is to sue out a writ of error. See State v. Mushied, 12 Wis., 561, and State v. Jager, 19 id., 235.

By the Court. — The appeal is dismissed.  