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HARRELL v. ISRAEL

No. 79-C-391.

478 F.Supp. 752 (1979)

Alfred Ronnie HARRELL, Petitioner, v. Thomas ISRAEL, Warden, and the Attorney General of the State of Wisconsin, Respondents.

United States District Court, E. D. Wisconsin.

October 2, 1979.

Attorney(s) appearing for the Case

Mark Lukoff, Asst. Public Defender, Milwaukee, Wis., for petitioner.

Kirbie Knutson, Asst. Atty. Gen., Madison, Wis., for respondents.

MEMORANDUM AND ORDER

WARREN, District Judge.

The petitioner was tried and convicted of two counts of rape resulting from two acts of sexual intercourse with the same woman, at the same location and within twenty-five minutes of each other. The petitioner contends that these two convictions violate the double jeopardy clause of the Fifth Amendment of the United States Constitution because the two acts were part of a continuing offense which could be the basis...

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