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IRBY v. STATE

No. State 56.

49 Wis.2d 612 (1971)

182 N.W.2d 251

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

Supreme Court of Wisconsin.

Decided January 5, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Curtis M. Kirkituff of Madison.

For the defendant in error the cause was argued by Allan P. Hubbard, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, and William A. Platz, assistant attorney general.

CONNOR T. HANSEN, J.

The defendant and his brother, Sampson, were both charged with the same offense, arising out of the same incident, and were tried jointly.

Charles Harris, the victim, was a bartender and coowner of a tavern in Madison, Wisconsin. August 4, 1968, Sampson had caused some trouble in the tavern where Harris was tending bar. Harris called the police and the police escorted Sampson out of the tavern. Before he left the tavern, Sampson threatened...

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