DAVIS v. STATE

No. State 26.

61 Wis.2d 284 (1973)

212 N.W.2d 139

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

Supreme Court of Wisconsin.

Decided November 27, 1973.


Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Anthony K. Karpowitz, Legal Aid Society of Milwaukee.

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 October 31, 1973.

HANLEY, J.

The sole issue presented on this review is whether or not the alleged improper prosecutorial comment constituted a denial of the defendant's right to due process of law and a fair trial and thus warrants a new trial.

This court has continually held that if counsel wishes to preserve for appeal an allegedly improper prosecutorial comment made...

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