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STATE v. COPENING

No. 79-246-CR.

100 Wis.2d 700 (1981)

303 N.W.2d 821

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Roy W. COPENING, a/k/a Amos Wade, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided March 31, 1981.

Attorney(s) appearing for the Case

For the petitioner the cause was argued by Jerome S. Schmidt, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the appellant there was a brief and oral argument by William J. Tyroler, assistant state public defender.

Reversing and remanding 95 Wis.2d 733, 289 N.W.2d 374.

HEFFERNAN, J.

The defendant, Roy W. Copening, was charged in the Circuit Court for Kenosha County with conspiracy to commit theft by fraud, in violation of secs. 943.20(1)(d) and (3) (b) and 939.31, Stats., by making false representations to banks. Upon the motion of the defendant, the trial court declared a mistrial. Subsequently, the defendant moved for dismissal of the charges because the scheduled...

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