STATE v. McGOVERN

No. 75-569-CR.

77 Wis.2d 203 (1977)

252 N.W.2d 365

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

Supreme Court of Wisconsin.

Decided April 19, 1977.


Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Thomas J. Balistreri, assistant attorney general.

For the defendant in error the cause was submitted on the brief of Carl L. Peterson and Peterson & Peterson of Menomonie.


DAY, J.

This case is before us on a writ of error sought by the state to reverse an order entered by the trial court suppressing admission into evidence of a cigarette butt and a jar of material seized by police in a room in which the defendant was a visitor and alleged by the state to be marijuana. We hold that under the facts as found by the trial court the evidence was properly suppressed. We therefore affirm the trial...

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