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STATE v. RUSSELL

No. State 118.

60 Wis.2d 712 (1973)

211 N.W.2d 637

STATE, Appellant, v. RUSSELL, Respondent.

Supreme Court of Wisconsin.

Decided October 30, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by Robert W. Warren, attorney general, Bruce E. Schroeder, Kenosha county district attorney, and Mario J. Ventura, Jr., Kenosha county assistant district attorney, and oral argument by James Petersen, assistant attorney general.

For the respondent there was a brief by Merlin L. Cotton and Cotton, Rose & Rose, all of Kenosha, and oral argument by Merlin L. Cotton.

BEILFUSS, J.

For the purposes of these appeals we accept the statement of facts set forth in the brief as follows:

An armed robbery took place at approximately 12:45 a. m., on August 2, 1972, at the Union Park Tavern, in the city of Kenosha. Three black men, all dressed in dark clothing, one wearing a red floppy hat, entered the tavern and at gunpoint robbed the bartender, Miriam Konzen, and her only customer at the time, Delbert

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