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KIRBY v. STATE

No. 77-667-CR.

86 Wis.2d 292 (1978)

272 N.W.2d 113

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

Court of Appeals of Wisconsin.

Decided October 27, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Howard B. Eisenberg, state public defender, and Melvin F. Greenberg, assistant state public defender.

For the defendant in error, the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Michael R. Klos, assistant attorney general.

Before Decker, C.J., Cannon, P.J., and Robert W. Hansen, Reserve Judge.

DECKER, C.J.,

The issues raised by Kirby on appeal relate to alleged errors at the preliminary examination and the trial, and accordingly we deal with them under those headings.

PRELIMINARY EXAMINATION

Complainant Schindler was the sole witness at the preliminary hearing. She had returned to her apartment from an afternoon walk. Her roommate and four men were present. Schindler was tied hands and feet...

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