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STATE v. ZDIARSTEK

No. State 164.

53 Wis.2d 776 (1972)

193 N.W.2d 833

STATE, Respondent, v. ZDIARSTEK, Appellant.

Supreme Court of Wisconsin.

Decided February 1, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Fred A. Reiter and Smith, Smith & Roels, all of DePere, and oral argument by Mr. Reiter.

For the respondent the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

CONNOR T. HANSEN, J.

Defendant's conviction is based upon an incident which occurred on May 12, 1970, at the Brown county jail.

A jailer testified that he came on duty as jailer at 7 a. m., at which time he began his regular procedure of placing razors in the cellblocks and opening the security gate in each block to enable the prisoners to shower and shave. The prisoners are then "locked out," i.e., all the prisoners go into what is called a day room...

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