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STATE v. DISHMAN

No. 80-1658-CR.

104 Wis.2d 169 (1981)

311 N.W.2d 217

STATE of Wisconsin, Plaintiff-Appellant, v. Barry A. DISHMAN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 2, 1981.

Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief by Bronson C. La Follette, attorney general, and Thomas J. Balistreri, assistant attorney general. Oral argument by Thomas J. Balistreri.

For the defendant-respondent there was a brief by John O. Olson of Braden & Olson of Lake Geneva. Oral argument by John O. Olson.

Before Voss, P.J., Brown and Scott, JJ.

SCOTT, J.

The State appeals from an order dismissing two counts against Barry Dishman for delivery of marijuana. At the conclusion of the preliminary hearing, the trial court held, as a matter of law, that the State was required to present either the testimony of a chemist or a chemist's report to show probable cause that the substance in issue was marijuana. We do not agree that in every marijuana case an opinion of an expert is

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