JACOBS v. STATE

No. State 105.

50 Wis.2d 361 (1971)

184 N.W.2d 113

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

Supreme Court of Wisconsin.

Decided March 2, 1971.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Roy W. Wilson of Milwaukee.

For the defendant in error the cause was argued by Kenneth J. Bukowski, 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.

The attempted armed robbery took place at Joe's Superette at 1800 West State Street in the city of Milwaukee. Joseph Berman, the store proprietor, was alone in the store when the defendant and his accomplice entered, at about 8 a. m. on February 26, 1968.

The store owner, the only eyewitness, testified that the defendant entered the store, pointed a gun at him and demanded his money. He testified the defendant was no more than three feet...

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