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STATE v. FLYNN

No. 77-078-CR.

92 Wis.2d 427 (1979)

285 N.W.2d 710

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

Supreme Court of Wisconsin.

Decided December 4, 1979.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Bronson C. La Follette, attorney general, and Wm. L. Gansner, assistant attorney general, with oral argument by Chris Heikenen, assistant attorney general.

For the defendant in error the cause was argued by Richard M. Sals, assistant state public defender, with whom on the brief was Howard B. Eisenberg, state public defender.

BEILFUSS, C. J.

The facts out of which this question arises are as follows: On February 5, 1976, at approximately 2:45 a.m., Green Bay Police Officer Timothy Sargent was dispatched to a break-in at Trader's Point, a sporting goods store in the 200 block of North Broadway, Green Bay, Wisconsin. A witness had reportedly observed a man between 5'9" and 6' tall with dark hair and dressed all in dark clothing break a window to...

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