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STATE v. SMITH

No. State 63.

55 Wis.2d 304 (1972)

198 N.W.2d 630

STATE, Respondent, v. SMITH, Appellant.

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by William G. Bunk and Simester, Schowalter & Bunk, all of West Bend, and oral argument by William G. Bunk.

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.

WILKIE, J.

Before reaching the issues on the merits of this appeal, it should be noted that the incorrect postconviction procedure was utilized in this case. The procedural problem in this case is that although the sec. 974.06 motion was made before the expiration of the one-year appeal period (applicable to this case by virtue of sec. 958.13, Stats. 1967), the motion was used to raise objections not reaching the constitutional dimensions contemplated under sec. 974...

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