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BERGERON v. STATE

No. 76-534-CR.

85 Wis.2d 595 (1978)

271 N.W.2d 386

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

Supreme Court of Wisconsin.

Decided October 31, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Howard B. Eisenberg, state public defender, and Jack E. Schairer, assistant state public defender, and oral argument by Mr. Schairer.

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.

COFFEY, J.

There are 3 issues presented on appeal:

1. Was it prejudicial error for the trial court to submit a jury question dealing with a single conspiracy rather than an alternative question as to the existence of a multiple conspiracy?

2. Did the trial court err in permitting the admission of hearsay statements of co-conspirators which were allegedly not made during the course of and in furtherance of the conspiracy pursuant to sec. 908.01 (4)...

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