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BAUTISTA v. STATE

Nos. State 31, 48.

53 Wis.2d 218 (1971)

191 N.W.2d 725

BAUTISTA, Plaintiff in error, v. STATE, Defendant in error. DODGE, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided November 30, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error in Case No. State 31 there was a brief by Schwemer & Schwemer of Milwaukee, and oral argument by Paul E. Schwemer.

For the plaintiff in error in Case No. State 48 there was a brief and oral argument by Robert D. Jones of Milwaukee.

For the defendant in error in Case No. State 31 the cause was argued by Sverre O. Tinglum, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the defendant in error in Case No. State 48 the cause was argued by Sverre O. Tinglum, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

BEILFUSS, J.

As to both defendants, two issues are raised:

1. Is there sufficient credible evidence to support the convictions of robbery, party to a crime?

2. Should a new trial be ordered in the interest of justice?

As to Bautista alone there is a third issue: Is the sentence of six years excessive?

The record is clear that neither Bautista nor Dodge actually took the purse from Gandy; therefore...

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