CONNOR T. HANSEN, J.
January 26, 1970, at approximately 4:30 a. m., Paul Rusnak was shot through the neck while employed at an all-night restaurant in Racine, Wisconsin. He died about three weeks later. John D. Ridley, the only eyewitness produced by the state, testified that he had entered the restaurant approximately five minutes before the shooting, had eaten a bowl of
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