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STATE v. SEIBERT

No. 87-0192-CR.

141 Wis.2d 753 (1987)

416 N.W.2d 900

STATE of Wisconsin, Plaintiff-Respondent, v. Ruven SEIBERT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 1, 1987.

Attorney(s) appearing for the Case

For defendant-appellant, there were briefs by Jack E. Schairer, assistant state public defender, Madison.

For plaintiff-respondent, there was a brief by Donald J. Hanaway, attorney general and Christopher G. Wren, assistant attorney general, Madison.

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

LaROCQUE, J.

Ruven Seibert appeals a judgment of conviction and an order denying postconviction relief for feloniously conspiring to intimidate a witness contrary to sec. 940.43(4), Stats. Section 940.42, Stats., punishes as a misdemeanor the crime of intimidating a witness, while sec. 940.43(4), under which Seibert was charged, punishes the same offense as a felony "where the act is in furtherance of any conspiracy." Seibert claims that the felony statute does not...

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