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SIMOS v. STATE

No. 76-297-CR.

83 Wis.2d 251 (1978)

265 N.W.2d 278

SIMOS, 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 Jack E. Schairer, 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 Magree-Heilprin, assistant attorney general.

CONNOR T. HANSEN, J.

The issue presented on review is whether the trial court erred in admitting the lineup and in-court identifications of the defendant.

The seventy-two year old victim, Mrs. Pearl Gappa, testified that on the evening of December 11, 1973, she observed a man, whom she recognized as having repaired her chimney a few months earlier, on the front porch of her house indicating that he was going around to the back door. As she unlocked the back...

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