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SIMOS v. STATE

No. State 120.

53 Wis.2d 493 (1972)

192 N.W.2d 877

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

Supreme Court of Wisconsin.

Decided January 4, 1972.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by Nathaniel D. Rothstein of Milwaukee.

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.

WILKIE, J.

This entire case turns on the identification of the defendant as one who burglarized the Radcliffe premises. Two primary issues are raised on this review:

1. Was the testimony of the state's primary witnesses inherently incredible?

2. Did the prosecutor fail to disclose to defendant certain exculpatory evidence?

Credibility of witnesses.

Defendant first argues that the identification by the Radcliffes was inherently...

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