STATE v. STEWART

No. State 77.

56 Wis.2d 278 (1972)

201 N.W.2d 754

STATE, Respondent, v. STEWART, Appellant.

Supreme Court of Wisconsin.

Decided November 9, 1972.


Attorney(s) appearing for the Case

For the appellant there was a brief by McManus & Haukom and Jack McManus, all of Madison, and oral argument by Jack McManus.

For the respondent the cause was argued by Richard J. Boyd, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


BEILFUSS, J.

The defendant raises three issues:

1. Should a new trial be ordered because additional identification tests of physical evidence were conducted by the state crime laboratory after the preliminary examination and before trial without notice to defendant's counsel?

2. Was defendant denied due process of law and the right to be present at all proceedings when the jury, during its deliberations, exchanged written communications with the judge...

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