State v. Burke

This case involves the rights of a person after arrest and before trial.

The specific issue presented is whether sec. 971.01(1), Stats. 1987-88, permits the state to charge a person after the preliminary examination with a crime not supported by any evidence adduced at the preliminary.

The state charged four crimes in the complaint. At the preliminary examination the state moved, without opposition, to dismiss three of these charges. The state conceded in the circuit court that it had introduced evidence at the preliminary examination of only one crime.1 *460After the preliminary the state filed…