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STATE v. PAYNE

24 Wis.2d 603 (1964)

STATE, Respondent, v. PAYNE, Appellant.

Supreme Court of Wisconsin.

June 30, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Morrissy, Morrissy, Sweet & Stowe and Ralph R. Stowe, all of Elkhorn, and oral argument by Ralph R. Stowe.

For the respondent the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were George Thompson, attorney general, William A. Platz, assistant attorney general, and William L. Seymour, district attorney of Walworth county.

FAIRCHILD, J.

The question of the withdrawal of a plea of guilty or of nolo contendere is addressed to the discretion of the trial court.1 A decision to grant or deny a motion for withdrawal will not be disturbed on appeal unless it is shown to have been an abuse of discretion.

Although at least one appellate court has upheld a grant of permission to withdraw a plea because of...

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