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LOGAN v. STATE

No. State 125.

43 Wis.2d 128 (1969)

168 N.W.2d 171

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

Supreme Court of Wisconsin.

Decided June 6, 1969.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Brown, Black & Riegelman and Dexter D. Black, all of Racine, and oral argument by Dexter D. Black.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Gerald E. Clickner, district attorney of Racine county.

HEFFERNAN, J.

Where a writ of error is taken from an order denying a new trial, the question to be resolved by this court is whether the trial judge abused his discretion in denying the motion. State v. Waters (1965), 28 Wis.2d 148, 152, 153, 135 N.W.2d 768; State v. Bidwell (1930), 201 Wis. 210, 212, 229 N. W. 633.

The defendant on this writ of error and on the motion before the trial court argued that the...

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