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HARRELL v. STATE

No. 78-181-CR.

88 Wis.2d 546 (1979)

277 N.W.2d 462

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

Court of Appeals of Wisconsin.

Decided March 29, 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, with whom on the brief was Mark Lukoff, first assistant state public defender.

For the defendant in error, the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with whom in the brief was Kirbie Knutson, assistant attorney general.

Before Decker, C.J., Cannon, P.J., and Robert W. Hansen, Reserve Judge.

DECKER, C.J.

The undisputed facts are that the defendant pointed a gun at the victim as she unlocked the lobby door to the apartment building in which she resided and ordered her to walk to the basement. At a point under the stairs, while pointing the gun at her head, he ordered her to remove her clothing. After she complied, he told her to remain quiet or he would "blow [her] head off"; demanded money and received $3 from his victim; and then, without the victim...

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