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STATE v. WOLTER

No. 77-655-CR.

85 Wis.2d 353 (1978)

270 N.W.2d 230

STATE, Plaintiff-Respondent, v. WOLTER, Defendant-Appellant.

Court of Appeals of Wisconsin, District I.

Decided September 7, 1978.

Attorney(s) appearing for the Case

For the appellant there were briefs by Suran & Suran and oral argument by Robert H. Suran, Milwaukee.

For the plaintiff-respondent the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Before DECKER, C.J., CANNON, P.J., and MOSER, J.

MOSER, J.

The five issues presented on appeal are:

1. Were secs. 289.02(5) and 943.20, Stats., properly applied to Wolter's acts?

2. Did the state present evidence sufficient to meet its burden of proof with regard to the intent required by sec. 943.20(1) (b), Stats.?

3. Did the trial court properly instruct the jury that a demand for and a refusal to pay trust monies to those entitled to receive them is prima facie evidence of an intent...

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