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STATE v. TIMM

No. 90-2781.

163 Wis.2d 894 (1991)

472 N.W.2d 593

STATE of Wisconsin, Plaintiff-Appellant, v. Paul TIMM, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 25, 1991.

Attorney(s) appearing for the Case

On behalf of plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Thomas J. Balistreri, assistant attorney general, of Madison.

On behalf of defendant-respondent, the cause was submitted on the brief of Richard M. Lawson of Lawson Law Office of Wausau.

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

LaROCQUE, J.

The state of Wisconsin appeals an order dismissing a criminal complaint against Paul Timm. Timm, who put ant killer in Quinton Woller's beverage, is charged with violating sec. 941.325, Stats., which makes it a felony to tamper with "candy or other edibles" with the intent to cause bodily harm.1 The trial court held that the statute applies only to tampering with solids and does not include tampering with liquids or drinkables...

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