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WAGNER v. STATE

No. 75-727-CR.

76 Wis.2d 30 (1977)

250 N.W.2d 331

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

Supreme Court of Wisconsin.

Decided February 15, 1977.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Mark A. Frankel and Frankel, Langhammer & Pines, and oral argument by Mark A. Frankel, all of Madison.

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

CONNOR T. HANSEN, J.

It appears that an automobile driven by the defendant and a vehicle operated by an unknown driver were involved in a drag race down Central avenue, the main street in Marshfield, Wisconsin, on July 24, 1974, at about 11 o'clock p.m. It is alleged the vehicle operated by the defendant struck and fatally injured one George C. Fitz. This prosecution followed.

On July 24, 1974, the defendant, a resident of St. Paul, Minnesota, with his wife...

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