State v. Berby

In this case the State of Wisconsin, by writ of error, challenges an order of the Racine County Court dismissing a criminal complaint. The complaint charged the defendant, Ronald Berby, with arson contrary to sec. 943.02(1) (a), Stats. (1975). The trial court dismissed the complaint following a preliminary hearing because it found that there was insufficient evidence to warrant a bindover to the circuit court.

The issues in this case are as follows:

1. What is the standard of appellate review of a trial court finding of insufficient evidence at a preliminary hearing?

2. Was there competent…