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STATE v. RUSSO

No. State 190 (1974).

70 Wis.2d 169 (1975)

233 N. W. 2d 485

STATE, Plaintiff in error, v. RUSSO, Defendant in error.

Supreme Court of Wisconsin.

Decided October 2, 1975.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by David J. Becker, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant in error there was a brief by Kenneth R. Baumgartner and Baumgartner & Anderson, all of Kenosha, and oral argument by Kenneth R. Baumgartner.

DAY, J.

Two principal issues are raised in this court. The first is, was the dismissal of an information, because the trial court decided it lacked jurisdiction following a full trial to the court, made "with prejudice," thus preventing subsequent prosecution for the same offense? Secondly, if the dismissal is found not to be with prejudice in the first instance, is a subsequent prosecution barred by the double jeopardy...

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