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STATE v. KOPACKA,

261 Wis. 70 (1952)

STATE, Respondent, vs. KOPACKA, Appellant.

Supreme Court of Wisconsin.

February 5, 1952.

Attorney(s) appearing for the Case

For the appellant there was a brief by Eugene J. Sullivan, Dennis M. Sullivan, and David V. Jennings, Jr., and oral argument by Dennis M. Sullivan and Harry M. Kleczka, all of Milwaukee.

For the respondent there was a brief by the Attorney General, William J. McCauley, district attorney of Milwaukee county, and Harold J. McGrath, special assistant district attorney, and oral argument by Mr. McGrath.

FRITZ, C. J.

The information alleged that on October 26, 1949, Joseph Kopacka and two accomplices committed the crime of burglary in the nighttime under sec. 343.10, Stats., by breaking into and entering a dwelling of Donald Clark; and alleged in a second count that Joseph Kopacka had theretofore been convicted of burglary. He pleaded not guilty and on August 18, 1950, he served a notice under sec. 355.07, Stats., on the district attorney that he intended to rely...

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