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STATE v. RITTER

No. 75-220-CR.

74 Wis.2d 227 (1976)

246 N.W.2d 552

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

Supreme Court of Wisconsin.

Decided November 3, 1976.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Michael R. Klos, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the defendant in error there was a brief by Gerard O'Flaherty and Johns, Flaherty & Gillette, S. C. of La Crosse, and oral argument by Gerard O'Flaherty.

ABRAHAMSON, J.

This is an extradition habeas corpus case in which the circuit court ordered that the petitioner be released. The facts can be summarized as follows:

On August 30, 1974, Daniel Ritter, a resident of Wisconsin, was stopped in Houston county, Minnesota, on suspicion of stealing apples. A large quantity of marijuana was discovered under the front seat of the van he was driving, and he was placed under arrest. Ritter was approximately six weeks...

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