WOLKE v. RUDD


32 Wis.2d 516 (1966)

WOLKE, Sheriff, Plaintiff in error, v. RUDD, Defendant in error.

Supreme Court of Wisconsin.

November 1, 1966.


Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Robert E. Sutton, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and Hugh R. O'Connell, district attorney.

For the defendant in error there was a brief by James M. Shellow and Shellow, Shellow & Coffey, all of Milwaukee, and oral argument by James M. Shellow.


HEFFERNAN, J.

A cursory glance at the record indicates considerable delay in bringing the prisoner to the stage of preliminary examination. After twenty-seven days of incarceration, he still had not been brought before a magistrate for that purpose—this despite the admonitions of sec. 954.08, Stats., that it shall be held "as soon as may be" and the limitation of sec. 954.05 that the hearing cannot be adjourned for more than ten days at any one time without...

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