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STATE v. SALZER

No. 85-2203-CR.

133 Wis.2d 54 (1986)

393 N.W.2d 121

STATE of Wisconsin, Plaintiff-Appellant, v. Mary SALZER, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Timothy SALZER, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 22, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant, State of Wisconsin, there was a brief by Bronson C. La Follette, attorney general, and Kirbie Knutson, assistant attorney general.

For the defendant-respondent, Timothy Salzer, there was a brief by Clay F. Teasdale of Murphy & Teasdale of Marinette.

Before Cane, P.J., Dean and LaRocque, JJ.

CANE, P.J.

The state appeals an order granting Mary and Timothy Salzer's motion to dismiss the charge of violating sec. 943.20(3)(c), Stats.1 The state charges that the Salzers committed the felony of theft by concealing assets while continuing to receive public assistance. Because receipt of an insurance payment for damaged exempt property constitutes receipt of assets pursuant to sec. 49.12(6), Stats.,2 we...

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