Allison v. State

This case involves a challenge to the Wisconsin “notice-of-alibi” statute in effect at the time of this offense, sec. 955.07, Stats. 1967, 1 under the United States Supreme Court case of Wardius v. Oregon, 2 It also involves the constitutionality of sec. 971.23 (8), 3 the alibi statute as adopted in 1970 after the incident that is the basis of the conviction here.

Before discussing the “notice-of-alibi” subject, two other preliminary issues should be considered.

1. Should the complaint have been dismissed for failure to set forth facts from which the magistrate could make an independent…