NELSON v. STATE

No. State 123.

59 Wis.2d 474 (1973)

208 N.W.2d 410

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

Supreme Court of Wisconsin.

Decided June 29, 1973.


Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Jack F. Olson and Denis P. Bartell, attorneys, and Ross, Stevens, Pick & Ross of counsel, all of Madison, and oral argument by Mr. Bartell.

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


CONNOR T. HANSEN, J.

Defendant and Thomas William Schmitt spent the evening of January 19, 1971, together in Madison, Wisconsin. At approximately 2 a. m. the following morning, defendant was a passenger in a car driven by Schmitt in a southerly direction on Park Street when someone from another car traveling in the same direction made a gesture with a bottle. The two cars turned off Park Street onto Fish Hatchery Road and...

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