Aller v. State

Full title: David ALLER, Plaintiff in Error, v. STATE of Wisconsin, Defendant in Error.

Court: Supreme Court of Wisconsin

Date published: Feb 5, 1974

214 N.W.2d 431 (Wis. 1974)

Opinion

214 N.W.2d 431 (Wis. 1974) David ALLER, Plaintiff in Error, v. STATE of Wisconsin, Defendant in Error. No. State 19. Supreme Court of Wisconsin. February 5, 1974.

        Moen, Sheehans&sMeyer, Paul W Henke, Jr., La Crosse, for plaintiff in error.

Page 432

        Robert W. Warren, Atty. Gen., Robert D. Martinson, Asst. Atty. Gen., for defendant in error.

        ON MOTION FOR REHEARING

        PER CURIAM.

        Plaintiff in error, David Aller, has moved for rehearing on the issue of whether evidence of a drug sale subsequent to that for which he was being tried was admissible in his trial on the initial charge. While the issue was properly preserved for appeal, the evidence was clearly admissible to rebut the defense of entrapment. State v. Monsoor (1973), 56 Wis.2d 689, 203 N.W.2d 20. '. . . This evidence need not be confined to past felony convictions and criminal reputation and, as we have held, need not be limited to conduct occurring prior in time to the crime charged. . . .' Id. at pages 703, 704, 203 N.W.2d at page 27.

        Motion for rehearing denied.