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STATE EX REL. BRILL v. SPIEKER

271 Wis. 237 (1955)

STATE EX REL. BRILL, Plaintiff in error, vs. SPIEKER, Defendant in error.

Supreme Court of Wisconsin.

November 8, 1955.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Baumblatt & Goodman, and oral argument by Leonard P. Baumblatt and Marvin Shovers, all of Racine.

For the defendant in error there was a brief by the Attorney General and William A. Platz, assistant attorney general, Dexter D. Black, district attorney of Racine county, and Edward A. Krenzke, special assistant district attorney, and oral argument by Mr. Platz and Mr. Krenzke.

MARTIN, J.

Appellant states the first question involved as follows:

Can the state upon a preliminary hearing be compelled to produce an exhibit previously offered in evidence on a John Doe hearing, to show the innocence of the defendant?

It is conceded that:

"Where a person is detained pursuant to the order of the court made upon a preliminary examination, the only question raised by a writ of habeas corpus is, `Was there any evidence...

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