No. 82-1187-CR.

116 Wis.2d 510 (1984)

343 N.W.2d 108

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Robert J. POH, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided January 31, 1984.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Michael R. Klos, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant-appellant there was a brief and oral argument by Michael Yovovich, first assistant state public defender.


This is a review of an unpublished decision of the court of appeals filed on April 5, 1983, reversing an order of the circuit court for Door county, S. Dean Pies, Circuit Judge, which denied defendant Robert Poh's motion for a new trial.

There are two issues on review. In its order granting the petition for review this court directed the parties to address the following issue: "Did the comments among

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