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.