STATE v. MCNEARNEY

No. 92-1063-CR.

175 Wis.2d 485 (1993)

STATE of Wisconsin, Plaintiff-Respondent, v. Ronald MCNEARNEY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 25, 1993.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Steven P. Weiss, assistant state public defender, of Madison.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and William C. Wolford, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.


EICH, C.J.

Ronald McNearney appeals from a judgment convicting him of attempted theft by fraud, contrary to secs. 943.20(1)(d) and 939.32(1), Stats., and an order denying his motion for postconviction relief.

The appeal may be decided on a single issue: When a defendant is charged with fraudulently obtaining an airline ticket from a travel agency, is the amount of the federal tax on the ticket included in its "value...

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