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CHAMPLIN v. STATE

No. 76-149-CR.

84 Wis.2d 621 (1978)

267 N.W.2d 295

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

Supreme Court of Wisconsin.

Decided June 30, 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 brief of Bronson C. La Follette, attorney general, and Nadim Sahar, assistant attorney general.

DAY, J.

The plaintiff in error, Larry Champlin was convicted of the burglary of the Elroy Hotel, in violation of sec. 943.10 (1) (a), Stats. 1975. On this appeal, Mr. Champlin contends that under the Wisconsin statute there was insufficient evidence to support his conviction for burglary because he entered a building that was open to the public, with intent to steal. We agree.

Larry Champlin and Donald Sorenson discussed doing "this job . . . to make a little...

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