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STATE v. ROBBINS

No. State 149.

43 Wis.2d 478 (1969)

168 N.W.2d 544

STATE, Respondent, v. ROBBINS, Appellant.

Supreme Court of Wisconsin.

Decided June 27, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg, Kletzke & Eisenberg, attorneys, and Donald J. Jacquart of counsel, all of Milwaukee, and oral argument by Mr. Jacquart.

For the respondent the cause was argued by Theodore J. Hodan, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

CONNOR T. HANSEN, J.

Three issues are presented on this appeal.

I.

Did the trial court err in denying defendant's motion to dismiss upon the close of the state's case in chief ?

This issue is not properly before this court because the defense put in evidence and thereby waived its motion to dismiss.

" `. . . It has generally been held when a court has the power to direct an acquittal or dismissal of a charge against the accused...

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