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STATE v. O'BRIEN

No. State 188 (1974).

70 Wis.2d 414 (1975)

234 N. W. 2d 362

STATE, Respondent, v. O'BRIEN, Appellant.

Supreme Court of Wisconsin.

Decided October 30, 1975.

Attorney(s) appearing for the Case

For the appellant there was a brief by Frederick H. Miller and Miller, Rothstein & Mussallem, all of Madison, a reply brief by Frederick H. Miller and Miller & Mussallem, all of Madison, and oral argument by Frederick H. Miller.

For the respondent the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

ROBERT W. HANSEN, J.

The evidence challenged was secured under a search warrant issued on the basis of (1) observation by the police officers of a scale and marijuana on a kitchen table; (2) observation by the officers of marijuana on a dining room table; and (3) observation by the officers of large, green plastic bags, believed by them to contain marijuana, on the third floor of the farmhouse where the officers went to serve an arrest warrant.

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