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DAY v. STATE

No. 77-187-CR.

92 Wis.2d 392 (1979)

284 N.W.2d 666

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

Supreme Court of Wisconsin.

Decided November 6, 1979.

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 Ronald L. Brandt, deputy state public defender.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Marguerite M. Moeller, assistant attorney general.

COFFEY, J.

This is a review of a judgment of conviction for having sexual intercourse with a child and a subsequent order of the court denying the plaintiff in error's motion for judgment notwithstanding the verdict or, in the alternative, for a new trial.

Delton David Day (hereinafter the defendant) was charged with two counts of sexual intercourse with a child, in violation of sec. 944.10(2), Stats., and with habitual criminality, contrary to sec. 939.62...

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