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DOLAN v. STATE

No. State 16.

48 Wis.2d 696 (1970)

180 N.W.2d 623

DOLAN, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided November 6, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by James H. McDermott, state public defender.

For the defendant in error the cause was argued by Mary K. Bowman, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, and William A. Platz, assistant attorney general.

HANLEY, J.

Three issues are presented on appeal:

(1) Was Dodge county the proper venue for trial;

(2) Does the legal fiction employed in sec. 53.02, Stats., conflict with art. I, sec. 7, of the Wisconsin Constitution; and

(3) Were there any errors in the bindover and in the method used to transfer the case from county court to circuit court?

Was Dodge county the proper venue?

Defendant's first argument is that his escape...

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