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BOISSONNEAULT v. STATE

No. State 138.

50 Wis.2d 662 (1971)

184 N.W.2d 846

BOISSONNEAULT, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided March 30, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Robert P. Goodman of Racine.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, and William A. Platz, assistant attorney general.

CONNOR T. HANSEN, J.

The testimony of the defendant at the trial disclosed the following: The altercation occurred in the room of Clemence John Elling, located in a building in Racine, Wisconsin. The defendant resided in an apartment in the same building and had lived there for about one week prior to the alleged offense. The defendant returned to the building at approximately 6:30 p. m. on August 8, 1969, intending to go to his room. Immediately prior to his return...

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