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STATE v. HEREFORD

No. 94-1596-CR.

195 Wis.2d 1054 (1995)

537 N.W.2d 62

STATE of Wisconsin, Plaintiff-Respondent, v. Marvin L. HEREFORD, Defendant-Appellant.

Court of Appeals of Wisconsin.

Submitted on briefs June 13, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Daniel P. Bestul of Duxstad, Vale, Bestul & Gartzke, S.C. of Monroe.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Daniel J. O'Brien, assistant attorney general.

Before Eich, C.J., Sundby and Vergeront, JJ.

VERGERONT, J.

Marvin Hereford appeals from a judgment convicting him of first-degree intentional homicide while possessing a dangerous weapon contrary to §§ 940.01(1) and 939.63(1)(a)2, STATS., and from an order denying his motion for a new trial. Hereford was convicted after a retrial following a mistrial. He appeals on these grounds: (1) the trial court misused its discretion and erred as a matter of law in admitting the testimony of Ella Brown to prove...

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