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STATE v. OLIVER

No. 90-0189-CR.

161 Wis.2d 140 (1991)

467 N.W.2d 211

STATE of Wisconsin, Plaintiff-Respondent, v. Mark OLIVER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 28, 1991.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Jack C. Hoag of Sedor & Hoag, S.C. of Janesville.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Daniel J. O'Brien, assistant attorney general.

Before Eich, C.J., Dykman and Sundby, JJ.

SUNDBY, J.

Mark L. Oliver appeals from an order binding him over for trial on the charge of physical abuse of a child, contrary to sec. 948.03(2)(b), Stats.1 He claims that the trial court erred in admitting the out-of-court statement of the four-year-old alleged victim under the residual hearsay exception, sec. 908.045(6), Stats. He also claims that the trial court, by finding the alleged victim...

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