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STATE v. FOUSE

No. 82-1806-CR.

114 Wis.2d 29 (1983)

337 N.W.2d 837

STATE of Wisconsin, Plaintiff-Appellant, v. Alvin FOUSE, Jr., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 7, 1983.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Chris Heikenen, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of Martin I. Hanson and John A. Becker of Hanson & Gasiorkiewicz of Racine.

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

BROWN, J.

The state appeals from the trial court's dismissal of receiving stolen property charges against Alvin Fouse. Following a bindover decision by the preliminary hearing magistrate, Judge Jon Skow, the trial court judge, Dennis Costello, reviewed the preliminary hearing transcript and concluded it contained no evidence to show Fouse knew the items were stolen. Because we conclude that the inference of knowledge drawn by Judge Skow from the evidence was reasonable...

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