DAY v. STATE

No. State 85.

52 Wis.2d 122 (1971)

187 N.W.2d 790

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

Supreme Court of Wisconsin.

Decided June 25, 1971.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Francis R. Bannen of Wisconsin Dells.

For the defendant in error the cause was argued by William F. Eich, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


HALLOWS, C. J.

Day admits he has no right to reversal but asks that a new trial be granted in the interest of justice because his conviction was based on evidence obtained under allegedly invalid search warrants. He made no timely motion to suppress this evidence and did not object to its admissibility at the trial. In his second reason for reversal he argues the complaint, upon which he was arrested, was not grounded upon probable cause. This challenge to the sufficiency...

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