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STATE v. NUTLEY

24 Wis.2d 527 (1964)

STATE, Respondent, v. NUTLEY, Appellant. SAME, Respondent, v. NICKL, Appellant. SAME, Respondent, v. WELTER, Appellant.

Supreme Court of Wisconsin.

June 30, 1964.

Attorney(s) appearing for the Case

For the appellant Nutley there were briefs by Jack McManus, attorney, and J. Philip Elliott, Jr., of counsel, both of Madison, and oral argument by Mr. McManus.

For the appellant Nickl there was a brief by Aagaard & Wiley and John M. Wiley, all of Madison, and oral argument by John M. Wiley.

For the appellant Welter there was a brief and oral argument by Vaughn S. Conway of Baraboo.

For the respondent the cause was argued by Betty R. Brown, and William A. Platz, assistant attorneys general, with whom on the brief was George Thompson, attorney general.

WILKIE, J.

Numerous issues are presented on this appeal. We will consider these issues, which are in the main common to all three cases, in the order in which they arose at the trial.

1. Was the jury array for the term of circuit court, in which this action was litigated, constituted in violation of the provisions of secs. 255.04 through 255.07, Stats., thereby entitling the appellants to a new trial before jurors drawn from a properly constituted array...

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