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STATE v. SMITH

No. State 65.

55 Wis.2d 451 (1972)

198 N.W.2d 588

STATE, Respondent, v. SMITH, Appellant.

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by James H. McDermott, state public defender.

For the respondent the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HANLEY, J.

The following issues are raised on this appeal:

(1) Was the order of the department invalid and a nullity because of defects apparent on the face of the order;

(2) Was the order invalid and a nullity because the evidence adduced at trial shows that it was issued pursuant to a decision made by employees of the department, rather than by the department itself;

(3) Did the trial court lack jurisdiction to review the department's order...

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