STATE EX REL. HOWARD v. O'CONNELL


53 Wis.2d 248 (1971)

192 N.W.2d 201

STATE EX REL. HOWARD and another, Petitioners, v. O'CONNELL, Circuit Judge, Respondent.

Supreme Court of Wisconsin.

Decided December 14, 1971.


Attorney(s) appearing for the Case

For the petitioners there was a brief by Shellow & Shellow and James A. Walrath, all of Milwaukee, and oral argument by Mr. Walrath.

For the respondent there was a brief by E. Michael McCann, district attorney of Milwaukee county, and Victor Manian, deputy district attorney, and oral argument by Mr. Manian.

A brief amicus curiae was filed by Jay Schwartz of Racine, and John J. Valenti of Milwaukee.


HALLOWS, C. J.

On August 16, 1971, Delbert Hamburger, a Milwaukee vice-squad police officer, filed a "petition for an order to show cause" supported by an affidavit of another police officer and one by a clerk in the Denmark Book Store, Milwaukee. The petitioner alleged that on August 10 and 13, 1971, he purchased from the Denmark Book Store 23 magazines which he identified by title, volume, number and description of contents. These magazines were purchased by the...

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