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STATE EX REL. CHOLKA v. JOHNSON

No. 78-133-W.

85 Wis.2d 400 (1978)

270 N.W.2d 438

STATE EX REL. CHOLKA, Petitioner, v. JOHNSON, Sheriff of Jackson County Respondent.

Court of Appeals of Wisconsin, District IV.

Decided September 20, 1978.

Attorney(s) appearing for the Case

For the petitioner the cause was submitted on the brief of Michael G. Pritchard and Wisconsin Indian Legal Services, of Madison.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, Attorney General, and Michael R. Klos, Assistant Attorney General.

Before GARTZKE, P. J., BABLITCH, and DYKMAN, JJ.

DYKMAN, J.

This is a petition for a writ of habeas corpus. The issue is whether probable cause existed to enable the lower court to bind petitioner over for trial. The dispute centers around the cause of death of a sixteen-year-old juvenile, Wilma Wilson.

The petitioner was charged with contributing to the delinquency of a minor, with death a consequence (sec. 947.15(1) (a), Stats.). Evidence at the preliminary examination showed that petitioner purchased...

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