BERRY v. STATE

No. 77-550-CR.

87 Wis.2d 85 (1978)

273 N.W.2d 376

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

Court of Appeals of Wisconsin.

Decided November 22, 1978.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Howard B. Eisenberg, State Public Defender, and Jack E. Schairer, Ass't State Public Defender, and oral argument by Jack E. Schairer, Ass't State Public Defender.

For the defendant in error there was a brief by Bronson C. La Follette, Attorney General, and Betty R. Brown, Ass't Attorney General, and oral argument by Betty R. Brown, Ass't Attorney General.

Before Gartzke, P.J., Bablitch and Dykman, JJ.


GARTZKE, P.J.

Defendant was convicted of attempted theft, secs. 943.20(1) (a) and (3) (b) and 939.32, Stats.

A Madison clothing store clerk testified that January 31, 1976, he saw defendant trying to force something into his trousers in the store. Defendant was not moving forward or backward but his arms were moving. When defendant turned around to face him, the clerk saw a bulge under defendant's parka which came somewhat below defendant's waist. The clerk...

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