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STATE EX REL. BENA v. HON. JOHN J. CROSETTO

No. 703 (1974).

73 Wis.2d 261 (1976)

243 N.W.2d 442

STATE EX REL. BENA, and another, Plaintiffs in error, v. HONORABLE JOHN J. CROSETTO, Kenosha County Court Branch II, and another, Defendants in error.

Supreme Court of Wisconsin.

Decided June 30, 1976.

Attorney(s) appearing for the Case

For the plaintiffs in error the cause was submitted on the brief of James C. Wood of Milwaukee.

For the defendants in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Michael R. Klos, assistant attorney general.

HANLEY, J.

Bena and Wick raise three issues on this appeal:

1. Does the affidavit submitted to obtain the search warrant state sufficient facts to establish the reliability of the unnamed informant?

2. Do the complaints charging Bena and Wick with possession of marijuana with intent to deliver and possession of heroin with intent to deliver state sufficient facts to permit a magistrate to find probable cause?

3. Is sec. 161.41 (1m), Stats....

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