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BROWN v. STATE

28 Wis.2d 383 (1965)

BROWN, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

October 5, 1965.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Herbert L. Usow, attorney, and Robert L. Sanderson of counsel, both of Milwaukee, and oral argument by Mr. Usow.

For the defendant in error the cause was argued by David E. Leichtfuss, first assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and Hugh R. O'Connell, district attorney.

FAIRCHILD, J.

Plaintiff in error seeks a new trial in the interest of justice under sec. 251.09, Stats. He contends that (1) there is an inconsistency between eyewitnesses' testimony concerning the physical appearance of the robber that gathered the money and their identification of Brown as that robber; (2) prior to their identifications of Brown in a lineup after his arrest and again at the trial, witnesses were shown pictures under such circumstances as to suggest...

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