On by-pass from court of appeals.
DAY, J.
This appeal is before this court by grant of a petition to bypass the court of appeals filed by the state pursuant to sec. 808.05, Stats., and Rule 809.60 1979-80. The appeal is from a judgment of the circuit court for Dane county, Hon. Michael D. Torphy, Jr., presiding, finding the defendant, Ralph D. Armstrong, guilty of violating sec. 940.01(1)
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