State v. Withers

The state has moved to dismiss this appeal on the ground that defendant cannot appeal from an order denying a motion to suppress a confession. An order denying a motion to suppress a confession is, in effect, an order denying a motion to suppress evidence. We held that 3ueh an order was not appealable by the defendant in State v. Beals (1971), 52 Wis. 2d 599, 191 N. W. 2d 221. Defendant contends that because an order suppressing evidence is appealable by the state, the effect of the Beals decision is to deny him equal protection of the laws.

Sec. 974.05 (1) (d) 2, Stats., provides that the…