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STATE EX REL. BURNETT v. BURKE

22 Wis.2d 486 (1964)

STATE EX REL. BURNETT, Petitioner, v. BURKE, Warden, Respondent.

Supreme Court of Wisconsin.

February 4, 1964.

Attorney(s) appearing for the Case

The petitioner appeared in person and by Lloyd A. Barbee and Thomas M. Jacobsen, both of Milwaukee.

The respondent appeared by William A. Platz, assistant attorney general, and John Peyton, district attorney of Racine county.

GORDON, J.

On October 16, 1945, Clarence Burnett was convicted of the murder of one Charles DeLuca. DeLuca was slain on October 13, 1945, and the petitioner was apprehended the next day, October 14, 1945, at St. Joseph, Michigan. Burnett waived extradition and was returned to Wisconsin on October 15, 1945, with two codefendants. On October 16, 1945, he was taken before Court Commissioner Eugene L. Haley, where he waived preliminary hearing and was bound over to the...

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