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HART v. STATE

No. 75-604-CR.

75 Wis.2d 371 (1977)

249 N.W.2d 810

HART, 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 there was a brief and oral argument by Howard B. Eisenberg, state public defender.

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

ABRAHAMSON, J.

FACTS

Shortly before four o'clock on the afternoon of June 12, 1974, David Weidner, age sixteen, was killed while riding his bicycle in the town of Sullivan, Jefferson county, when he was struck by an automobile driven by the defendant Richard C. Hart. Prior to the accident both the defendant and the victim were proceeding west on Highway 18, the victim riding his bicycle along the right-hand edge of the roadway. Just before the impact,

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