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STATE v. BOYCE

No. 75-883-CR.

75 Wis.2d 452 (1977)

249 N.W.2d 758

STATE, Respondent, v. BOYCE, Appellant.

Supreme Court of Wisconsin.

Decided February 1, 1977.

Attorney(s) appearing for the Case

For the appellant there was a brief by D. Michael Guerin, attorney, and Gimbel, Gimbel & Reilly, of counsel, and oral argument by Mr. Guerin, all of Milwaukee.

For the respondent the cause was argued by Pamela Magee, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

BEILFUSS, C.J.

Two issues are presented:

(1) Did the trial court abuse its discretion in refusing to grant a new trial because of newly discovered evidence?

(2) Did the trial court abuse its discretion in refusing to grant a new trial in the interest of justice?

Robert M. Kools lost his wallet in George's Steak House in Appleton, Wisconsin on July 10, 1974. The wallet contained a number of credit...

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