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STATE v. SMITH

No. 83-1072-CR.

119 Wis.2d 361 (1984)

351 N.W.2d 752

STATE of Wisconsin, Plaintiff-Respondent, v. Amos J. SMITH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 17, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Glenn L. Cushing, assistant state public defender.

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

Before Gartzke, P.J., Dykman, J., and Rudolph T. Randa, Reserve Judge.

GARTZKE, P.J.

Amos Smith appeals from a judgment convicting him on two counts of second-degree sexual assault and one count of burglary, secs. 940.225 (2) (a) and 943.10(1) (a), Stats. He contends that the trial court should have granted his pretrial motion to suppress his statement to the police and to dismiss the complaint. The primary issue is whether the police unlawfully seized defendant before he gave the statement...

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