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NICHOLAS v. STATE

No. State 99.

49 Wis.2d 683 (1971)

183 N.W.2d 11

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

Supreme Court of Wisconsin.

Decided February 2, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Boren, Schmidt & Fleming and Morton J. Schmidt, all of Cudahy, and oral argument by Morton J. Schmidt.

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

HANLEY, J.

The issues presented on this review are:

(1) Was it reversible error to allow the district attorney to question the defendant as to his prior offenses;

(2) Was it error for the state to fail to cite sec. 939.05, Stats. (party to a crime), in the information charging the defendant with violation of sec. 943.32 (1) (b) and (2) (armed robbery);

(3) Should the defendant be granted a new trial because William Ashford, an accomplice, who...

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