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McMILLIAN v. STATE

No. 76-162-CR.

83 Wis.2d 239 (1978)

265 N.W.2d 553

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

Supreme Court of Wisconsin.

Decided May 2, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Howard B. Eisenberg, state public defender, and Alvin E. Whitaker, assistant state public defender.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Pamela Magee-Heilprin, assistant attorney general.

CONNOR T. HANSEN, J.

On November 2, 1973, at approximately 2:20 a.m., a man entered a gas station and asked Roy Beals, the attendant, for permission to use the telephone. He was followed by a second man, holding what appeared to be a .45-caliber automatic pistol, and by a third man, whom Beals was unable to see. The defendant was identified at trial as having been the second man, the gunman.

Beals testified that the gunman was approximately 5' 6" or 5' 7"...

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