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MOORE v. STATE

No. 76-139-CR.

83 Wis.2d 285 (1978)

265 N.W.2d 540

MOORE, 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 argued by Jack E. Schairer, assistant state public defender, with whom on the brief was Howard B. Eisenberg, state public defender.

For the defendant in error the cause was argued by Pamela Magee-Heilprin, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

CONNOR T. HANSEN, J.

For the purposes of this appeal, it is unnecessary to recount the testimony adduced at trial in detail. The victim, her husband who was not home at the time of the incident, and their small child, occupied an apartment in a building in which the defendant and his family also occupied an apartment. The victim had seen the defendant in the building on prior occasions.

The victim identified the defendant and testified he gained entry to the...

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