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STATE EX REL. PFLANZ v. COUNTY COURT

36 Wis.2d 550 (1967)

STATE EX REL. PFLANZ, Appellant, v. COUNTY COURT OF DANE COUNTY and others, Respondents.

Supreme Court of Wisconsin.

October 31, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by Lawton & Cates and Richard L. Cates and John H. Bowers, all of Madison, and oral argument by Richard L. Cates.

For the respondents the cause was argued by John P. Koberstein, assistant district attorney of Dane county, and Robert E. Sutton, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and James C. Boll, district attorney.

HALLOWS, J.

The sole question is whether under sec. 954.02 (2), Stats., it appears from the complaint that there is probable cause to believe Otto E. Pflanz, Jr., filed fraudulent tax returns. A complaint is a written statement of the essential facts constituting the offense charged and must be made upon oath before a magistrate or other person empowered to issue warrants of arrest; but the complaint besides alleging the offense must set forth facts showing probable...

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