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SCHMEAR v. GAGNON

No. 16669.

396 F.2d 786 (1968)

Arnold Grover SCHMEAR, Petitioner-Appellee, v. John R. GAGNON, Warden, Wisconsin Correctional Institution, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

May 27, 1968.

Attorney(s) appearing for the Case

Bronson C. LaFollette, Atty. Gen. of Wisconsin, William A. Platz, Asst. Atty. Gen., Madison, Wis., for appellant.

Paul R. Nesson, Madison, Wis., for appellee.

Before DUFFY, Senior Circuit Judge, and KILEY and SWYGERT, Circuit Judges.

DUFFY, Senior Circuit Judge.

Appellee Schmear (petitioner) was arrested on November 9, 1963, on a warrant issued by the district attorney of Jefferson County, Wisconsin. The warrant was issued pursuant to Section 954.01 and 954.02(3) and (5), Wisconsin Statutes 1963.1 The crime charged was forcible rape.

At the time of the arrest, certain clothing of appellee was seized and was sent to the Wisconsin State Crime Laboratory for examination...

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