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STATE v. SHARLOW

No. State 151.

61 Wis.2d 388 (1973)

212 N.W.2d 591

STATE, Respondent, v. SHARLOW, Appellant.

Supreme Court of Wisconsin.

Decided December 10, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Neal P. Nettesheim and Love, Brown & Nettesheim of Waukesha.

For the respondent the cause was submitted on the brief of Robert W. Warren, attorney general, and Christine M. Wiseman, assistant attorney general.

Submitted under sec. (Rule) 251.54 October 31, 1973.

ROBERT W. HANSEN, J.

A declaration is against the penal interest of a declarant where the fact asserted in such declaration subjects such declarant to criminal liability.3

Courts divide as to whether such statement against penal interest, if hearsay in nature, is admissible in evidence either to inculpate or exculpate a defendant in a criminal trial. A defendant may,...

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