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STATE EX REL. SIMOS v. BURKE

No. State 99.

41 Wis.2d 129 (1968)

163 N.W.2d 177

STATE EX REL. SIMOS, Petitioner, v. BURKE, Warden, Respondent.

Supreme Court of Wisconsin.

Decided December 20, 1968.

Attorney(s) appearing for the Case

For the petitioner there was a brief and oral argument by James H. McDermott, state public defender.

For the respondent the cause was argued by William A. Platz, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

ROBERT W. HANSEN, J.

The trial court refused to allow the defendant to testify that he was somewhere else at the time of the accident because no notice of alibi had been filed pursuant to sec. 955.07, Stats., providing as follows:

"Alibi to be pleaded. In courts of record, if the defendant intends to rely upon an alibi as a defense, he shall give to the district attorney written notice thereof on the...

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