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POTEETE v. STATE

No. State 166.

58 Wis.2d 741 (1973)

207 N.W.2d 671

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

Supreme Court of Wisconsin.

Decided June 5, 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. Warren, attorney general, and Robert D. Martinson, assistant attorney general.

PER CURIAM.

Since the pretrial photographic identifications of the defendant by the victims of the armed robbery were relied on and brought out by the prosecution in direct examination, this court, in its discretion, has reviewed the objection now raised by the defendant even though no objection was raised at the trial as to the identification. Cf. State v. Cole (1971), 50 Wis.2d 449, 184 N.W.2d 75

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