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DUNN v. STATE

No. State 195.

55 Wis.2d 192 (1972)

197 N.W.2d 749

DUNN, 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 and oral argument by Christ Alexopoulos of Milwaukee.

For the defendant in error there was a brief by Robert W. Warren, attorney general, and Thomas J. Balistreri, assistant attorney general; oral argument was by Lawrence P. Biggam of San Francisco, California.

HALLOWS, C. J.

The proof at the trial showed Harry James Dunn and two other persons about 2 o'clock in the morning on July 18, 1970, on East North Avenue in the city of Milwaukee were engaged in a fracas with Howard J. LeTourneau and his son. The police came upon the scene and saw Dunn swing at LeTourneau. Dunn had a hammer in his hand and struck LeTourneau on the head. The police also saw Dunn kick LeTourneau in the face when he was down. When Dunn became aware of...

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