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TELL v. WOLKE

21 Wis.2d 613 (1963)

TELL, Plaintiff in error, v. WOLKE, Sheriff of Milwaukee County, Defendant in error.

Supreme Court of Wisconsin.

November 26, 1963.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Beaudry & Kershek of Milwaukee, and oral argument by Eugene A. Kershek.

For the defendant in error the cause was argued by William A. Platz, assistant attorney general, with whom on the brief was George Thompson, attorney general, and William J. McCauley, district attorney of Milwaukee county. Hugh O'Connell, assistant district attorney, also argued.

HALLOWS, J.

We need not consider seriously the order denying the motion for summary judgment. Admittedly the motion was brought to discover whether the district attorney, after the first preliminary examination, had discovered evidence which was not in his possession at the time of the first examination upon which he caused the second complaint and warrant to be issued. The motion served the plaintiff's purpose and no error is assigned relating to the grounds of the...

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