Kelly v. State

The judgment from which a writ of error is taken convicts the defendant, Noreen Kelly, of first-degree murder, sec. 940.01, Stats. The order complained of arises from the decision of the trial court on a number of pretrial motions to suppress evidence (a gun and related items) allegedly seized in violation of Ms. Kelly’s fourth amendment right against unreasonable search and ■seizure. The principal issue is whether the challenged evidence should have been suppressed.

About 6:40 p.m. on August 22, 1973, Alvin Manteufel, age 68, was shot in the back and killed while in his farm home at 1129 E.…