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STATE v. PENIGAR

No. 85-1382-CR.

139 Wis.2d 569 (1987)

408 N.W.2d 28

STATE of Wisconsin, Plaintiff-Respondent, v. Marion PENIGAR, Jr., Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided June 24, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs and oral argument by Roy LaBarton Gay, Eau Claire.

For the plaintiff-respondent the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

SHIRLEY S. ABRAHAMSON, J.

This is a review of an unpublished decision of the court of appeals filed on February 25, 1986, affirming a judgment of conviction for third degree sexual assault and an order denying a new trial. The judgment and order were entered by the circuit court for Eau Claire county, Thomas H. Barland, Circuit Judge.

This case presents two issues. The first issue is whether the erroneously admitted and false testimony of the complainant that...

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