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PERKINS v. STATE

No. State 35.

61 Wis.2d 341 (1973)

212 N.W.2d 141

PERKINS, 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 there were briefs by Howard B. Eisenberg, state public defender, and Ronald L. Brandt, assistant state public defender, and oral argument by Mr. Brandt.

For the defendant in error the cause was argued by Christine M. Wiseman, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HEFFERNAN, J.

On this appeal the defendant has posed three issues: Whether the homemade key allegedly used by the defendant constitutes a burglarious tool as defined by sec. 943.12, Stats.;1 whether the district attorney abused his discretion by charging defendant with possession of a burglarious tool; and whether the defendant was twice put in jeopardy for the same offense when he was charged...

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