STATE v. SCHERR


9 Wis.2d 418 (1960)

STATE, Respondent, v. SCHERR, Appellant.

Supreme Court of Wisconsin.

February 2, 1960.


Attorney(s) appearing for the Case

For the appellant there was a brief by Bass & Goldstein of Milwaukee, and oral argument by Bernard Goldstein and Gerald L. Bass.

For the respondent the cause was argued by Robert J. Vergeront and William A. Platz, assistant attorneys general, with whom on the brief were John W. Reynolds, attorney general, and George E. Lawler, district attorney of Waukesha county.


HALLOWS, J.

Although the appellant raises many issues on this appeal, the basic and controlling one is whether in a criminal action wherein the defendant pleads guilty to a theft of $350 occurring between certain dates, as charged in the information, the court can, as a condition of probation, order restitution in excess of that amount.

The Wisconsin statute does not expressly limit the amount of restitution to the amount stated in the information or to the...

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