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UPCHURCH v. STATE

No. State 203.

64 Wis.2d 553 (1974)

219 N.W.2d 363

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

Supreme Court of Wisconsin.

Decided June 28, 1974.

Attorney(s) appearing for the Case

The cause was submitted for the plaintiff in error on the brief of Patrick J. Devitt, Legal Aid Society of Milwaukee, and for the defendant in error on the brief of Robert W. Warren, attorney general, and Robert D. Martinson, assistant attorney general.

Submitted under sec. (Rule) 251.54 June 5, 1974.

HALLOWS, C. J.

The issues concern Upchurch's right to have a hearing before or during trial on the admissibility of an inculpatory statement and whether he waived that right during the trial.

The conviction arose out of an incident on May 30, 1972, in which an alleged drug dealer Robert Holleran and two other individuals were robbed at gunpoint in Holleran's apartment on the lower east side of Milwaukee...

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