MILWAUKEE v. DYSON

No. 86-1961-CR.

141 Wis.2d 108 (1987)

413 N.W.2d 660

CITY OF MILWAUKEE, Appellant, STATE of Wisconsin, Plaintiff, v. James DYSON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 25, 1987.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Grant F. Langley, city attorney, with Scott G. Thomas, assistant city attorney of counsel, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Jimmie G. Davison, of Milwaukee.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.


MOSER, P.J.

The City of Milwaukee appeals from an order requiring it to return to Willie Dyson, son of the defendant James Dyson, two guns seized during the execution of a search warrant. On appeal, the City argues that the trial court abused its discretion in ordering the return of the weapons. We disagree and affirm the trial court's order.

Following Dyson's plea of guilty to two felonies, he moved the court, pursuant to sec. 968.20, Stats., for an order...

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