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STATE EX REL. HANNA v. BLESSINGER

No. 216.

52 Wis.2d 448 (1971)

190 N.W.2d 199

STATE EX REL. HANNA, Appellant, v. BLESSINGER, Sheriff of Racine County, Respondent.

Supreme Court of Wisconsin.

Decided October 5, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Stewart, Peyton & Crawford of Racine, and oral argument by John Peyton.

For the respondent the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

The sole issue on this appeal is whether there was sufficient credible evidence introduced at the preliminary hearing to bind appellant over for trial.

The purpose of a preliminary examination, as now codified by sec. 970.03 (1), Stats.,1 is to determine if there is probable cause to believe a felony has been committed by the defendant. The burden which the state must sustain at the preliminary was set forth by this...

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