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STATE EX REL. PERRY v. WOLKE

No. 75-464.

71 Wis.2d 100 (1976)

237 N.W.2d 678

STATE EX REL. PERRY, Petitioner, v. WOLKE, Sheriff of Milwaukee County, Respondent.

Supreme Court of Wisconsin.

Decided January 28, 1976.

Attorney(s) appearing for the Case

For the petitioner there was a brief by Robert J. Lerner and Lerner & Adelman of Milwaukee, and oral argument by Robert J. Lerner.

For the respondent there was a brief by E. Michael McCann, district attorney of Milwaukee and Lee Wells, assistant district attorney, Milwaukee county, and oral argument by Lee Wells.

HEFFERNAN, J.

This is an original action for a writ of habeas corpus. The petitioner challenges the authority of a judicial court commissioner to conduct a preliminary examination and to order the petitioner held for trial. The position of judicial court commissioner was created by sec. 256.68, Stats., effective June 16, 1974. We conclude that the petitioner is correct in his assertion and that the power exercised in the instant case to bind the defendant over for...

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