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STATE EX REL. BROCKWAY v. MILWAUKEE CTY. CIR. CT.

No. 80-1803.

105 Wis.2d 341 (1981)

313 N.W.2d 845

STATE of Wisconsin EX REL. George BROCKWAY, Petitioner-Appellant, v. MILWAUKEE COUNTY CIRCUIT COURT, BRANCH #12, Hon. Robert J. Miech, Presiding, Respondent.

Court of Appeals of Wisconsin.

Decided October 12, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Nicholas J. Bertha, of Milwaukee.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Andrew L. Somers, assistant attorney general.

Before Decker, C.J., Moser, P.J., and Randa, J.

DECKER, C.J.

This appeal challenges the authority of a judge, when discharging a defendant at a preliminary examination, to order him held in custody, or on bail, pending institution of new proceedings. We conclude that the judge is authorized to do so by sec. 971.31(6), Stats., and affirm.

George Brockway was charged with burglary and confined because he was unable to post a $500 cash bail bond. A preliminary hearing...

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