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CARTER v. STATE

27 Wis.2d 451 (1965)

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

Supreme Court of Wisconsin.

April 27, 1965.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Ben L. Chernov of Milwaukee.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, William A. Platz, assistant attorney general, and Hugh R. O'Connell, district attorney of Milwaukee county.

For the plaintiff in error there was a brief on rehearing by Oliver S. Carter, pro se.

No brief on rehearing for the defendant in error.

The following memorandum was filed September 7, 1965.

HALLOWS, J.

The issue presented is whether an unarmed getaway-car driver or lookout is guilty of armed robbery when his confederates or accomplices commit a robbery while armed with a dangerous weapon. The defendant argues that although a plea of guilty is in effect a judgment by confession, when the evidence taken upon such plea shows without question the defendant is guilty only of a lesser offense than is charged in the...

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