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YINGLING v. STATE

Nos. 75-273-CR, 75-274-CR.

73 Wis.2d 438 (1976)

243 N.W.2d 420

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

Supreme Court of Wisconsin.

Decided June 30, 1976.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Howard B. Eisenberg, state public defender, and Jack E. Schairer, assistant state public defender, and oral argument by Mr. Schairer.

For the defendant in error the cause was argued by Marguerite M. Moeller, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

[1] HEFFERNAN, J.

The question which the plaintiff seeks to present is one of double jeopardy. His claim is that he was sentenced to the county jail under the Huber Law, sec. 56.08 (1), Stats., but subsequently the trial judge treated his incarceration in the county jail as a condition of probation, revoked the probation, and imposed the two-year sentence originally pronounced by the court. He thus claims that...

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