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STATE v. HANSON

No. 87-0792-CR.

149 Wis.2d 474 (1989)

439 N.W.2d 133

STATE of Wisconsin, Plaintiff-Appellant, v. Vaughn HANSON, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided May 12, 1989.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Robert J. Dvorak, and Dvorak & Fincke, S.C., Milwaukee, and oral argument by Robert J. Dvorak.

For the plaintiff-appellant the cause was argued by William L. Gansner, assistant attorney general, with whom on the brief was Donald J. Hanaway, attorney general.

DAY, J.

This is a review of an unpublished decision of the court of appeals which reversed an order of the Circuit Court for Racine County, Honorable James Wilbershide, Judge, which order dismissed charges of child sexual abuse against Vaughn Hanson (Defendant) following a preliminary hearing. The circuit judge struck the testimony of the five-year-old alleged victim on a finding that the child was unable to distinguish between truth and falsehood and was

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