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STATE v. PROBER

No. 77-609-CR.

87 Wis.2d 423 (1978)

275 N.W.2d 123

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

Court of Appeals of Wisconsin.

Decided December 27, 1978.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by William M. Coffey and Randall J. Sanfort of Coffey & Coffey, of Milwaukee.

For the plaintiff-respondent, there were briefs by David J. Becker, assistant attorney general, and Bronson C. La Follette, attorney general.

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

CANNON, P.J.

On January 27, 1976, the defendant, Allan Prober, was convicted of possessing heroin with intent to deliver, in violation of secs. 161.14(3) and 161.41 (1m), Stats., after a trial to the court. He was sentenced to a one-year term in the county jail pursuant to sec. 973.09(4). The defendant appeals that conviction.

On August 20, 1974, the manager of the Inn America Motel entered room 52 of the motel in order to determine the reason the door could...

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