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WALKER v. STATE

No. 79-047-CR.

92 Wis.2d 690 (1979)

286 N.W.2d 2

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

Court of Appeals of Wisconsin.

Decided August 6, 1979.

Attorney(s) appearing for the Case

For the plaintiff in error, there were briefs by Richard L. Cates, state public defender and William J. Tyroler, assistant state public defender, with oral argument by William J. Tyroler.

For the defendant in error, there was a brief by Bronson C. La Follette, attorney general and Chris C. Heikenen, assistant attorney general, with oral argument by Chris C. Heikenen.

Before Voss, P.J., Brown, J., and Robert W. Hansen, Reserve Judge.

HANSEN, J.

On January 21, 1978, the jury convicted the defendant, Emery Walker, of attempted first-degree murder, contrary to secs. 940.01 and 939.32, Stats. On March 2, 1978, Walker was given a fifteen-year sentence. Post-conviction motions were denied on August 28, 1978.

In the early morning hours of September 30, 1977, Walker and Robert Piper engaged in a kind of "shoot out" outside a tavern in Kenosha. Both men had .22 caliber pistols; Piper also had a...

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