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STATE v. WUENSCH

No. State 14.

69 Wis.2d 467 (1975)

230 N.W.2d 665

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

Supreme Court of Wisconsin.

Decided June 30, 1975.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Michael R. Klos, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the defendant in error there was a brief by Howard B. Eisenberg, state public defender, and Richard M. Sals, assistant state public defender, and oral argument by Mr. Sals.

BEILFUSS, J.

The sole issue is whether the trial court abused its discretion in reducing the sentence.

The underlying facts are as follows: About midnight of August 20, 1973, the defendant in error, Thomas Walter Wuensch, was playing pool with Richard J. Lyons at a bar in La Crosse. Wuensch, without provocation, hit Lyons on the head with a pool cue when Lyons refused to bet on a game of pool. The blow to Lyons'...

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