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BERTRANG v. STATE

No. State 169.

50 Wis.2d 702 (1971)

184 N.W.2d 867

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

Supreme Court of Wisconsin.

Decided March 30, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Arnold P. Anderson and Carroll, Parroni & Postlewaite, all of Eau Claire, and oral argument by Mr. Anderson.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Lawrence W. Durning, district attorney of Eau Claire county.

WILKIE, J.

The pivotal issue on this review is whether an oral statement allegedly made by the victim to her mother the day after the event was hearsay, and if so, whether it was improperly received in testimony.

At trial Mrs. Bertrang was called by the state, and on cross-examination the following occurred:

"Q. Directing your attention to Saturday morning, after you talked to Tammy and discovered...

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