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STATE v. McCLOSE

No. 79-450-CR.

95 Wis.2d 49 (1980)

289 N.W.2d 340

STATE of Wisconsin, Plaintiff-Appellant, v. Norris Lee McCLOSE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 10, 1980.

Attorney(s) appearing for the Case

For the plaintiff-appellant, a brief was submitted by Bronson C. La Follette, attorney general and Michael R. Klos, assistant attorney general.

For the defendant-respondent, a brief was submitted by Robert V. Baker of Kenosha.

Before Voss, P.J., Brown and Bode, JJ.

BROWN, J.

This is an appeal from an order holding that a person who participates in an automobile race on a public road may not be criminally responsible for a resulting death to a third party when his vehicle is not the direct instrument of death. We reverse.

The defendant, Norris McClose, and his brother, George McClose, had agreed to race their automobiles south on Highway 32 in Racine county to the border of Kenosha county at the intersection of Highway...

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