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STATE v. KENDALL

No. 77-146-CR.

94 Wis.2d 63 (1980)

287 N.W.2d 758

STATE, Plaintiff-Respondent, v. KENDALL, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 7, 1980.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Donald S. Eisenberg and Eisenberg, Giesen & Ewers of Madison.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Wm. L. Gansner, assistant attorney general.

SHIRLEY S. ABRAHAMSON, J.

In April, 1977, William Kendall, the defendant, was tried on the charge of delivery of a controlled substance, cocaine, party to a crime, contrary to secs. 161.41(1)(b) and 939.05, Stats. After the jury had deliberated for many hours and failed to reach a verdict, the court concluded that "the jury is hung," declared a mistrial, and discharged the jury.

On July 6, 1977, the defendant moved...

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