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STATE v. MAZUR

No. 79-1847-CR.

101 Wis.2d 306 (1981)

304 N.W.2d 180

STATE of Wisconsin, Plaintiff-Appellant, v. Donald T. MAZUR, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 10, 1981.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Pamela Magee-Heilprin, assistant attorney general. Oral argument by Pamela Magee-Heilprin.

For the defendant-respondent the cause was submitted on the brief of Michael Yovovich, assistant state public defender. Oral argument by Michael Yovovich.

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

VOSS, P.J.

This is an appeal by the State from an order dismissing count one of a two-count information alleging possession of burglarious tools in violation of sec. 943.12, Stats., and theft in violation of secs. 943.20 (1) (a) and (3) (b), Stats. The State contends the trial court erroneously dismissed the possession of burglarious tools count. Because we conclude that the trial court's dismissal constituted an acquittal and the double jeopardy clause bars any reprosecution...

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