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DOZIE v. STATE

No. State 58.

49 Wis.2d 209 (1970)

181 N.W.2d 369

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

Supreme Court of Wisconsin.

Decided December 1, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Carlton Roffa and Charlton, Yanisch, Greco & Roffa, all of Milwaukee, and oral argument by Carlton Roffa.

For the defendant in error the cause was argued by Lee Edward Wells, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

ROBERT W. HANSEN, J.

Was either the photographic or the courtroom identification of the defendant by the witness to the crime impermissibly suggestive or conductive to irreparable mistaken identification? That is the test.1 While the claim of taint involves the totality of circumstances surrounding the two identifications challenged, we will deal with each individually and separately.

Identification by photograph.

...

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