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GEITNER v. STATE

No. State 67.

59 Wis.2d 128 (1973)

207 N.W.2d 837

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

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Thomas G. Godfrey and Godfrey, Neshek & Worth, S. C., all of Elkhorn.

For the defendant in error the cause was submitted on the brief of Robert W. Warren, attorney general, and Robert D. Martinson, assistant attorney general.

Submitted under sec. (Rule) 251.54 May 3, 1973.

HALLOWS, C. J.

No question involving the rape conviction or sentence is at issue on this appeal. While there are many issues raised, the only important question is whether false imprisonment is a lesser included crime of kidnapping. This court has many times discussed the problem of included crimes. Whether a crime is a lesser includable offense of another crime depends...

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