VOGEL v. STATE

No. 77-771-CR.

87 Wis.2d 541 (1979)

275 N.W.2d 180

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

Court of Appeals of Wisconsin.

Decided January 12, 1979.


Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Howard B. Eisenberg, state public defender, and Steven P. Weiss, assistant state public defender, and oral argument by Steven P. Weiss, assistant state public defender.

For the defendant in error there was a brief by Bronson C. La Follette, attorney general and Betty R. Brown, assistant attorney general, and oral argument by Betty R. Brown, assistant attorney general.

Before Gartzke, P.J., Bablitch and Dykman, JJ.


GARTZKE, P.J.

Defendant was convicted on one count as a party to the crime of armed robbery in violation of secs. 939.05 (2) (b) and 943.32 (2), Stats., and on a second count as a party to the crime of concealing identity while committing a crime in violation of secs. 939.05 (2) (b) and 946.62, Stats.

The issues are:

1. Is an unsworn inconsistent prior statement by a witness in a criminal trial admissible as substantive evidence of the defendant's...

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