VAN VOORHIS v. STATE


26 Wis.2d 217 (1965)

VAN VOORHIS, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

January 5, 1965.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Edward R. Bollenbeck of Appleton.

For the defendant in error 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 Nick F. Schaefer, district attorney of Outagamie county.


FAIRCHILD, J.

Sec. 957.26 (2), Stats., requires that upon arraignment, the court shall advise any person charged with felony of his right to counsel and that if he is indigent the court will appoint counsel at his request. A record of the advice and reply must be made in either the docket or transcript.

There is a transcript in this case, but it shows that the court failed to advise Van Voorhis that counsel would be furnished to him, if indigent, at his request...

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