188 Wis. 275 | Wis. | 1925
About 9 p. m. of January 27, 1925, a police officer of Fond du Lac saw the defendant standing behind the Public Service building; another man approached the defendant, to whom defendant handed two bottles which
We consider that the arrest, the seizure, and subsequent examination of the bottles were all one transaction. The arrest was illegal (Stittgen v. Rundle, 99 Wis. 78, 80, 74 N. W. 536), and the evidence obtained by the seizure was not properly received over the objections interposed by defendant. This case is controlled in defendant’s favor by the very recent rulings of this court in Allen v. State, 183 Wis. 323, 197 N. W. 808; Jokosh v. State, 181 Wis. 160, 193 N. W. 976; and State v. Warfield, 184 Wis. 56, 198 N. W. 854, and we shall not go over the same ground again here. The recent decisions by the United States supreme court on March 2, 1925, of Carroll v. U. S. 267 U. S. 132, 45
By the Court. — Judgment reversed, and cause remanded with directions to discharge the.defendant.