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SHELTON v. STATE

No. State 10.

50 Wis.2d 43 (1971)

183 N.W.2d 87

SHELTON, 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 James D. MacDonald, attorney, and Eugene W. Lenartz and Brown & Lenarty of counsel, all of Union Grove, and oral argument by Mr. MacDonald.

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 Gerald E. Clickner, district attorney of Racine county.

BEILFUSS, J.

Although the writ of error was requested and issued to review the judgment of November 17, 1969, the sole issue presented upon this appeal is whether the trial court abused its discretion in refusing to grant the defendant's motion for a mistrial or new trial because of the alleged misconduct of two alternate jurors.

The trial in this case commenced on October 21, 1969, and the jury returned its verdict...

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