State v. Russo

The state appeals the trial court’s dismissal of this action. The dismissal was based on the trial court’s conclusion that the defendant’s right of cross-examination was unduly restricted at the preliminary hearing. We find error in the dismissal, as well as in the conclusion on which it was based, and reverse and remand for trial.

Bruce Allen Russo (Russo) was charged with two counts of delivery of cocaine, party to a crime, in violation of secs. 161.16(4), 161.41(1) (b) and 939.05, Stats. One count was based on an incident which allegedly occurred on June 9, 1978, and the other count was…