STATE EX REL. SCHMEAR v. GAGNON


35 Wis.2d 447 (1967)

STATE EX REL. SCHMEAR, Petitioner, v. GAGNON, Warden, Respondent.

Supreme Court of Wisconsin.

June 6, 1967.


Attorney(s) appearing for the Case

For the petitioner there was a brief and oral argument by Robert H. Friebert, public defender.

For the respondent the cause was argued by William A. Platz, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.


WILKIE, J.

One issue is raised by these proceedings: Is evidence seized pursuant to an arrest based upon a warrant issued by a district attorney inadmissible at trial because the arrest warrant was defective, where the authorization for the arrest warrant was made by the district attorney and trial was held before this court's decision in State ex rel. White v. Simpson?2

In State ex rel. White v. Simpson this court...

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