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STATE v. BERBY

No. 76-734-CR.

81 Wis.2d 677 (1978)

260 N.W.2d 798

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

Supreme Court of Wisconsin.

Decided January 3, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Marguerite M. Moeller, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant in error there was a brief by Constantine, Christensen, Krohn & Kerscher, S. C., and oral argument by Thomas C. Krohn, of Racine.

DAY, J.

In this case the State of Wisconsin, by writ of error, challenges an order of the Racine County Court dismissing a criminal complaint.1 The complaint charged the defendant, Ronald Berby, with arson contrary to sec. 943.02(1) (a), Stats. (1975). The trial court dismissed the complaint following a preliminary hearing because it found that there was insufficient evidence to warrant a bindover...

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