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STATE v. GIPSON

22 Wis.2d 469 (1964)

STATE, Respondent, v. GIPSON, Appellant. SAME, Respondent, v. MAUCH, Appellant. SAME, Respondent, v. CRACHY, Appellant.

Supreme Court of Wisconsin.

February 4, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by Jack McManus and J. Philip Elliott, Jr., both of Madison, and oral argument by Mr. Elliott.

No brief or argument for the respondent.

GORDON, J.

The learned trial judge determined that replevin was the proper remedy to obtain possession of the property in question. Our reading of sec. 963.04, Stats., requires a different conclusion.

If a criminal action has been instituted, the court in which such action is pending would be the court to which an application for disposition of the property should be made under sec. 963.04, Stats. However, if no criminal action is extant in the county in which...

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