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STATE v. BRAUNSDORF

No. 79-095-CR.

92 Wis.2d 849 (1979)

286 N.W.2d 14

STATE, Plaintiff-Appellant, v. BRAUNSDORF, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 26, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Michael R. Klos, assistant attorney general.

For the respondent the cause was submitted on the brief of Harold L. Harlowe of Madison.

Before Dean, P.J., Donlin, J., and Foley, J.

FOLEY, J.

The state appeals from an order dismissing with prejudice a charge of welfare fraud brought against Braunsdorf. The court dismissed the charge because the district attorney was not ready to proceed on the day of trial.1 Because we conclude that Wisconsin courts do not have the power to dismiss a criminal complaint with prejudice before jeopardy has attached unless a constitutional right...

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