State v. Barrett

Ronnie Lee Barrett, the defendant, was charged with battery to a peace officer pursuant to sec. 940.205, Stats. 1975. At the conclusion of the prelim inary examination, the county court of Richland county found that there was probable cause to believe that the defendant committed the crime charged. Thereafter, the defendant filed a motion to dismiss the prosecution. The circuit court hearing the motion, ordered that the complaint be dismissed. On appeal by the State the court of appeals affirmed, finding that the officer was not acting in his official capacity when the crime was alleged to…