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STATE v. JOHNSON

No. State 82.

60 Wis.2d 334 (1973)

210 N.W.2d 735

STATE, Respondent, v. JOHNSON, Appellant.

Supreme Court of Wisconsin.

Decided October 2, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by Francis R. Croak, attorney, and Robert L. Elliott of counsel, both of Milwaukee, and oral argument by Mr. Croak.

For the respondent the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

Three issues are presented on this appeal:

1. Were the statements made to other witnesses by appellant's brother, Harold, as to his intention to rob the Hopkins Savings & Loan Association and his later statement that everything went as planned properly excluded?

2. Were the references to appellant's failure to make a statement after his arrest prejudicial error and grounds for a mistrial?

3. Was the statement made by the prosecutor...

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