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JOHNSON v. STATE

Nos. State 66, 67.

47 Wis.2d 13 (1970)

176 N.W.2d 332

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

Supreme Court of Wisconsin.

Decided April 28, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Emil Drobac of Milwaukee.

For the defendant in error the cause was argued by Terence T. Evans, 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.

The issue on this appeal concerns the pretrial identification of the defendant. The background of facts in this case is substantially as follows: On March 22, 1967, a robbery was committed at a grocery store located in Milwaukee. During the robbery, the only person inside the store, other than the robber, was Mrs. Belle Pittelman, the sixty-five year old wife of the owner. Mrs. Pittelman testified that...

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