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STATE v. TRUAX

No. 88-1553-CR.

151 Wis.2d 354 (1989)

444 N.W.2d 432

STATE of Wisconsin, Plaintiff-Respondent, v. David M. TRUAX, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 14, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there were briefs and oral argument by William J. Tyroler, assistant state public defender.

On behalf of the plaintiff-respondent, there was a brief by Donald J. Hanaway, attorney general, and David J. Becker, assistant attorney general. There was oral argument by David J. Becker, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

David M. Truax appeals from a judgment convicting him of the first-degree murder of his wife while armed with a dangerous weapon, to wit, a baseball bat. Truax raises two arguments. First, he contends that the trial court should have excluded evidence obtained from him during custodial interrogation because he was illegally arrested. The trial court had held that Truax was not under arrest. We affirm on a different basis, concluding that even if Truax...

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