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PHIFER v. STATE

No. State 202.

64 Wis.2d 24 (1974)

218 N.W.2d 354

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

Supreme Court of Wisconsin.

Decided June 4, 1974.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Howard B. Eisenberg, state public defender.

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

WILKIE, J.

Two issues are involved on this review:

1. Was the defendant denied due process of law and his right to be represented by counsel of his choice when the circuit court denied his request for a continuance to substitute retained counsel for his court-appointed attorney?

2. Did the trial court err in admitting into evidence statements of the deceased, Floyd Brown, identifying the defendant as the man who shot him?

Denial of continuance...

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