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WAGNER v. STATE

No. State 122.

60 Wis.2d 722 (1973)

211 N.W.2d 449

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

Supreme Court of Wisconsin.

Decided October 30, 1973.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Howard B. Eisenberg, state public defender.

For the defendant in error the cause was submitted on the brief of Robert W. Wairren, attorney general, and Robert D. Martinson, assistant attorney general.

Submitted under sec. (Rule) 251.54 October 3, 1973.

ROBERT W. HANSEN, J.

Since some of the issues and most of the confusion derive from the proposed substitute information, seeking to allege the commission of two offenses, not one, we will deal initially with that aspect of the proceedings in the trial court.

Rejection of substitute information. The proposed substitute information, alleging the commission of two separate offenses, was filed...

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