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CITY OF OSHKOSH v. ABITZ

No. 94-0868-FT.

187 Wis.2d 202 (1994)

522 N.W.2d 258

CITY OF OSHKOSH, Plaintiffs-Respondent, v. Raymond F. ABITZ, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 24, 1994.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Edmund C. Carns of Hughes Mathewson Carns & Slattery of Oshkosh.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Warren P. Kraft, city attorney, and Lynn A. Lorenson, assistant city attorney.

Before Brown, Nettesheim and Snyder, JJ.

BROWN, J.

Raymond F. Abitz was convicted of selling alcohol to an underage person contrary to § 125.07(1)(a)1, STATS. Abitz contends that one defense provided in § 125.07(6) gives the trial court the discretion to consider all relevant circumstances in the sale of alcohol to a minor. The trial court held that it had no authority to find Abitz not guilty unless he satisfied all four elements listed in § 125.07(6)(a)-(d). In other words, the trial court...

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