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GAERTNER v. STATE

35 Wis.2d 159 (1967)

GAERTNER, Plaintiff in Error, v. STATE, Defendant in Error.

Supreme Court of Wisconsin.

May 9, 1967.

Attorney(s) appearing for the Case

The cause was submitted for the plaintiff in error on the briefs of Thomas D. Gaertner of Waupun, pro se, and for the defendant in error on the brief of Bronson C. La Follette, attorney general, Hugh R. O'Connell, district attorney of Milwaukee county, and Allen L. Samson, assistant district attorney.

HALLOWS, J.

The defendant's conviction is first challenged on the ground the circuit court lacked subject-matter jurisdiction because secs. 954.01 and 954.02, Stats., are unconstitutional in that they permit a complaint which is to be the basis for a warrant to be made before a clerk of the county court, who is not qualified to determine probable cause and hence the complaint is void. In State ex rel. White v....

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