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STATE EX REL. OFFERDAHL v. STATE

17 Wis.2d 334 (1962)

STATE EX REL. OFFERDAHL, Petitioner, v. STATE and another, Respondents.

Supreme Court of Wisconsin.

September 13, 1962.

Attorney(s) appearing for the Case

For the petitioner there was a brief and oral argument by Jack McManus of Madison.

For the respondents the cause was argued by William A. Platz, assistant attorney general, and Donald R. McCallum, deputy district attorney of Dane county, with whom on the brief were John W. Reynolds, attorney general, and William D. Byrne, district attorney.

PER CURIAM.

Relator submitted to the jurisdiction of the circuit court by making his motion to dismiss in that court. Having done so, he can no longer seek habeas corpus to test the sufficiency of the evidence at the preliminary examination. The order denying such motion is a nonappealable order. State v. Leikness (August Term, 1960, State No. 33, decided March 7, 1961), unreported.

The issue raised with respect to the failure to provide relator...

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