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STATE v. BEALS

No. State 106.

52 Wis.2d 599 (1971)

191 N.W.2d 221

STATE, Appellant, v. BEALS, Respondent.

Supreme Court of Wisconsin.

Decided November 5, 1971.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Andrew L. Somers, Jr., assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, and Gerald C. Nichol, district attorney of Dane county.

For the respondent there was a brief by Van Metre & Hanson and Jack W. Van Metre, all of Madison, and oral argument by Jack W. Van Metre.

WILKIE, J.

A threshold question which we must consider before reaching the issues on the merits as they are raised concerning both lineups is whether this court has jurisdiction to review both the order suppressing the third lineup, and the order denying the suppression of the second lineup. The state has appealed from that part of the circuit court's order which suppresses the third lineup, taking this appeal pursuant to sec. 974.05 (1) (d) 2, Stats. That section...

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