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NELSON v. STATE

Nos. State 66, 67.

54 Wis.2d 758 (1972)

196 N.W.2d 710

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

Supreme Court of Wisconsin.

Decided May 2, 1972.

Attorney(s) appearing for the Case

For the plaintiffs in error there was a brief and oral argument by John J. Germanotta, Legal Aid Society 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.

The only issue raised on this review is whether the jury was properly impaneled and constituted. We deem that this issue is properly considered here since (1) a motion was made by trial counsel during the voir dire as follows:

"Your honor, my motion is to challenge the sufficiency of this jury which has been brought into the courtroom consisting of 30 jurors, which has resulted in one Negro being selected on the jury; that being the only...

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