STATE v. FRY

No. 85-0630-CR.

129 Wis.2d 301 (1985)

385 N.W.2d 196

STATE of Wisconsin, Plaintiff-Appellant, v. Danny L. FRY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 3, 1985.


Attorney(s) appearing for the Case

For the appellant there were briefs by Bronson C. LaFollette, attorney general, and Michael R. Klos, assistant attorney general.

For the respondent there was a brief by John E. Tradewell, assistant state public defender.

Before Cane, P.J., Dean and Eich, JJ.


CANE, P.J.

The state appeals an order dismissing its criminal complaint alleging that Danny Fry unlawfully had sexual intercourse with a thirteen-year-old juvenile, J.H., contrary to sec. 940.225(2)(e), Stats. The circuit court dismissed the complaint at the completion of a preliminary examination after determining that the state failed to establish probable cause to believe that a felony had been committed. Three issues are raised on appeal:

(1) whether...

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