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RITACCA v. KENOSHA COUNTY COURT

No. 76-276.

91 Wis.2d 72 (1979)

280 N.W.2d 751

RITACCA, Plaintiff in error, v. KENOSHA COUNTY COURT, and others, Defendants in error.

Supreme Court of Wisconsin.

Decided June 29, 1979.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs 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 Wm. L. Gansner, assistant attorney general.

WILLIAM G. CALLOW, J.

Ritacca seeks review of an order quashing a writ of habeas corpus. Two questions are presented: (1) Did the affidavit on which the search warrant was based establish probable cause to believe there was marijuana on the premises to be searched? (2) Did the complaint establish probable cause to believe the defendant possessed marijuana with intent to deliver?

On March 18, 1976, the defendant was charged in a criminal complaint with possession...

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