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STATE v. KELLEY

No. 81-1326-CR.

107 Wis.2d 540 (1982)

319 N.W.2d 869

STATE of Wisconsin, Plaintiff-Respondent, v. Dillard Earl KELLEY, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 2, 1982.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Donald P. Styler and Styler, Kostich & Weber of Milwaukee.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and James H. McDermott, assistant attorney general.

On certification from court of appeals.

CECI, J.

Dillard Earl Kelley (defendant) was charged by criminal information with second-degree murder, contrary to sec. 940.02(1), Stats.1 At the close of the prosecution's case, the defendant moved to dismiss the information, arguing that there was insufficient evidence to permit the case to go to the jury. After the trial court denied the defendant's motion, the defendant testified and...

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