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ZILLMER v. STATE

Nos. State 13, 14.

39 Wis.2d 607 (1968)

159 N.W.2d 669

ZILLMER, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided June 28, 1968.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Robert H. Friebert, public defender.

For the defendant in error the cause was argued by E. Michael McCann, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and David J. Cannon, district attorney.

WILKIE, J.

Before considering the issues presented by our review on the two writs of error, we set forth certain preliminary but pertinent facts.

The defendant, a twenty-three-year-old rookie police officer on the force of the Milwaukee police department, had been on duty from 12:01 a. m., until 8 a. m., on July 7, 1965. Following the completion of his shift, Zillmer's official duties required that he be in court...

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