State v. Burke

This is a review of the decision of the court of appeals in State v. Burke, 148 Wis. 2d 125, 434 N.W.2d 788 (Ct. App. 1988), which affirmed the order of the Honorable Mark A. Frankel, Judge for the Circuit Court for Dane County, which had dismissed four counts of a five count information charging defendant John J. Burke, IV, with second-degree sexual assault of a person *448over the age of twelve and under the age of sixteen, contrary to sec. 940.225(2) (e), Stats. 1987-88.1 The issue is whether a prosecutor may, pursuant to sec. 971.01(1), Stats. 1987-88, include in an information charges for…