NELSON v. STATE

No. State 147.

54 Wis.2d 489 (1972)

195 N.W.2d 629

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

Supreme Court of Wisconsin.

Decided March 30, 1972.


Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by James H. McDermott, state public defender.

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


CONNOR T. HANSEN, J.

Facts.

The offense is alleged to have occurred on November 17, 1968. December 4, 1968, there was an extensive preliminary examination. It appears that the defendant and his wife, Claudia, were not living together, she having commenced an action for divorce in early June, 1968. Claudia and the deceased were employed at the same tavern. On the night of the alleged offense, Claudia worked until closing time. The deceased was present...

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