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BYAS v. STATE

No. State 162.

55 Wis.2d 125 (1972)

197 N.W.2d 757

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

Supreme Court of Wisconsin.

Decided June 6, 1972.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by John M. Swietlik and Kivett & Kasdorf, and oral argument by Werner E. Scherr, all of Milwaukee.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

BEILFUSS, J.

The writ of error only challenges the order denying the postconviction motion. However, we deem the real issue to be whether the sentence imposed was an abuse of discretion.

A resumé of the facts is as follows: At about 1 p. m., on June 22, 1970, the defendant Byas and two others, Roger Parker and Charles Hall, committed an armed robbery at the Guarantee Savings & Loan located at 7601 West Hampton...

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