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STATE v. JOHN

No. State 139.

60 Wis.2d 730 (1973)

211 N.W.2d 463

STATE, Respondent, v. JOHN, Appellant.

Supreme Court of Wisconsin.

Decided October 30, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Joan F. Kessler of Milwaukee.

For the respondent the cause was submitted on the brief of Robert W. Warren, attorney general, and James H. Petersen, assistant attorney general.

Submitted under sec. (Rule) 251.54 October 3, 1973.

HALLOWS, C. J.

The briefs discuss only the merits of the issues raised by the petition, but we do not reach such questions because the merits of the petition were not passed upon or considered by the trial court. The only proper issue on this appeal is whether or not the trial court was correct in dismissing the petition because the petitioner had escaped and was a fugitive from justice at the time he was...

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