WILKIE, J.
The state concedes that the three cases were called by the magistrate on May 17, 1966, and the preliminary examination was set for June 20, 1966, and that neither the defendant nor his counsel was present at the time. The precise issue thus presented is whether sec. 954.05 (1), Stats., is an implementation of the constitutional right to speedy trial thus making a violation of the statute (such as is conceded here) a denial of speedy trial requiring dismissal...
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