STATE v. BURKE

No. 88-0631-CR.

148 Wis.2d 125 (1988)

434 N.W.2d 788

STATE of Wisconsin, Plaintiff-Appellant, v. John J. BURKE, IV, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 10, 1988.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Daniel J. O'Brien, assistant attorney general.

For the defendant-respondent the cause was submitted on the briefs of Krista M. Ralston, of Madison.

Before Gartzke, P.J., Dykman and Eich, JJ.


DYKMAN, J.

The state appeals from an order entered pursuant to sec. 970.03(10), Stats., dismissing several counts of an information. The issue is whether the state needed to present evidence at the preliminary hearing to support all counts in the information. Because we conclude that the state needed to present such evidence in the preliminary hearing, and did not, the trial court correctly dismissed the counts in the information not supported by evidence presented...

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