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WOODHULL v. STATE

Nos. State 132, 133.

43 Wis.2d 202 (1969)

168 N.W.2d 281

WOODHULL, Plaintiff in error, v. STATE, Defendant in error. [Two cases.]

Supreme Court of Wisconsin.

Decided June 6, 1969.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Atinsky, Kahn & Sicula and Paul E. Sicula, all of Milwaukee, and oral argument by Paul E. Sicula.

For the defendant in error the cause was argued by Bruce C. O'Neill, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and E. Michael McCann, district attorney.

CONNOR T. HANSEN, J.

In April, 1967, the sixty-two year old Ruder lived in a room above a tavern at 6409 West Greenfield avenue. Twelve to fifteen other men lived in rooms above the tavern.

At about 3:30 a. m. on April 10, 1967, one of the roomers above the tavern went to the lavatory which was located directly across from Ruder's room. He smelled smoke coming from the victim's room, opened the door, and discovered...

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