WITTKE v. STATE EX REL. SMITH

Nos. 76-610-CR, 76-611-CR.

80 Wis.2d 332 (1977)

259 N.W.2d 515

WITTKE, Sheriff of Racine County, Plaintiff in error, v. STATE EX REL. SMITH, Defendant in error. STATE, Plaintiff in error, v. SMITH, Defendant in error.

Supreme Court of Wisconsin.

Decided November 1, 1977.


Attorney(s) appearing for the Case

For the plaintiffs in error the cause was argued by David J. Becker, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant in error the cause was argued by Melvin F. Greenberg, assistant state public defender, with whom on the brief was Howard B. Eisenberg, state public defender.


CONNOR T. HANSEN, J.

This matter is before the court on two writs of error issued at the instance of Leland Wittke, Sheriff of Racine County, plaintiff in error, and the State of Wisconsin, plaintiff in error (hereinafter plaintiffs).

One writ of error is to review an order of the county court which dismissed a criminal complaint, following a preliminary examination, for failure to show probable cause that a felony...

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