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STATE v. MANTHEY

No. 91-2779-CR.

169 Wis.2d 673 (1992)

487 N.W.2d 44

STATE of Wisconsin, Plaintiff-Appellant, v. Faith M. MANTHEY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 9, 1992.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and David J. Becker, assistant attorney general, and orally argued by David J. Becker.

On behalf of the defendant-respondent, the cause was submitted on the brief of Gerald P. Boyle and orally argued by Wendy Patrickus of Gerald P. Boyle, S.C. of Milwaukee.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

The state appeals an order dismissing four felony charges against Faith Manthey. The state contends that the trial court erred by determining that the state does not have additional evidence that would entitle it to reissue three charges pursuant to sec. 970.04, Stats., that had previously been dismissed. The state argues that the content of a recorded telephone conversation that was offered into evidence at the preliminary hearing but not used by the court...

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