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MORONES v. STATE

No. State 145.

61 Wis.2d 544 (1973)

213 N.W.2d 81

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

Supreme Court of Wisconsin.

Decided December 21, 1973.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Howard B. Eisenberg, state public defender, and Ronald L. Brandt, assistant state public defender.

For the defendant in error the cause was submitted on the brief of Robert W. Warren, attorney general, and Michael R. Klos, assistant attorney general.

Submitted under sec. (Rule) 251.54 November 23, 1973.

ROBERT W. HANSEN, J.

Defendant makes two arguments to support his contention that a "manifest injustice" has here occurred.

The first claim, to quote defendant's brief, is that "defendant's acts did not constitute the crime of attempted burglary, party to a crime." There is no challenge to the fact that the defendant and his accomplice went to the rear door of the closed tavern, at about 2:20 a...

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