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RUIZ v. STATE

No. 75-353-CR.

75 Wis.2d 230 (1977)

249 N.W.2d 277

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

Supreme Court of Wisconsin.

Decided January 18, 1977.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Howard B. Eisenberg, state public defender.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, Charles R. Larsen and James H. McDermott, assistant attorneys general.

HEFFERNAN, J.

After a jury trial, Frank J. Ruiz was convicted on October 31, 1974, of the first degree murder of Frank Cisneroz at the Casa Alegre tavern in Mount Pleasant, Racine county, on September 10, 1973. On this review it is alleged that the testimony of the state's principal witness, Thomas Garcia, was so inconsistent as to be inherently incredible, that at the time of the incident he was intoxicated to the degree that his observation was unreliable, and that...

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