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STATE EX REL McDONALD v. DOUGLAS COUNTY CIR CT.

No. 79-1927-W.

95 Wis.2d 423 (1980)

290 N.W.2d 559

STATE EX REL. David M. McDONALD, Petitioner, v. CIRCUIT COURT FOR DOUGLAS COUNTY, BRANCH II, The Honorable Douglas S. Moodie, presiding; Keith Peterson, Douglas County District Attorney; and the Wisconsin State Attorney General's Office, Respondents.

Court of Appeals of Wisconsin.

Decided February 19, 1980.

Attorney(s) appearing for the Case

For the petitioner the cause was submitted on the petition of William E. Shevlin, first assistant state public defender, of Superior.

For the respondents the cause was submitted on the response of Michael R. Klos, assistant attorney general.

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

DONLIN, P.J.

David M. McDonald was charged with "feloniously" leaving the scene of an accident resulting in injury to a person and damage to an automobile, in violation of sec. 346.67(1), Stats.1 McDonald objects to the prosecution of the charge as a felony. He petitioned this court for a writ prohibiting a preliminary examination, contending that a violation of sec. 346.67 (1) is a misdemeanor...

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