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STATE v. SMITH

No. State 29.

50 Wis.2d 460 (1971)

184 N.W.2d 889

STATE, Respondent, v. SMITH, Appellant.

Supreme Court of Wisconsin.

Decided March 30, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs by E. L. Nash of Janesville, Frank X. Kinast of Beloit, Cleland P. Fisher of Janesville, and George E. Smith, Jr., of Janesville, attorneys, and John W. Roethe of Edgerton of counsel, and oral argument by Mr. Roethe and Mr. Fisher.

For the respondent the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Robert J. Ruth, district attorney of Rock county.

WILKIE, J.

The first issue presented on this appeal is whether the complaint is sufficient on both counts. In order to reach this issue we must first determine whether, as the state contends, defendant waived his objections to the sufficiency of the complaint. We think not.

Defendant was arraigned before Judge FARNUM at 5:50 p. m. on the day of his arrest. At this proceeding the complaint was read to defendant, and the record notes that defendant had been...

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