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STATE v. GIWOSKY

No. 81-1307-CR.

109 Wis.2d 446 (1982)

326 N.W.2d 232

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. Daniel GIWOSKY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided November 30, 1982.

Attorney(s) appearing for the Case

For the plaintiff-petitioner the cause was argued by Terry Magowan, assistant district attorney for Milwaukee county, with whom on the briefs was E. Michael McCann, district attorney, and Marquerite M. Moeller, assistant attorney general.

For the defendant-respondent there was a brief by Waring R. Fincke, Stephen M. Glynn and Shellow, Shellow & Glynn, S.C., Milwaukee, and oral argument by Mr. Fincke.

Reversing 107 Wis.2d 741, 321 N.W.2d 366 (Ct. App.).

BEILFUSS, C.J.

This is a review of an unpublished decision of the court of appeals which affirmed the trial court's order, Judge Ralph Adam Fine, presiding. The order granted the defendant's motion for a new trial on the grounds that he was denied his right to a unanimous verdict because the criminal complaint was duplicitous.

On June 16, 1980, the defendant, Daniel Giwosky, was charged with one...

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