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CRESCI v. STATE

36 Wis.2d 287 (1967)

CRESCI, Plaintiff in error, v. STATE, Defendant in error. TOLFA, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

October 3, 1967.

Attorney(s) appearing for the Case

For the plaintiffs in error there was a brief by Frederick A. Muth, Jr., attorney, and Whyte, Hirschboeck, Minahan, Harding & Harland of counsel, all of Milwaukee, and oral argument by Mr. Muth.

For the defendant in error the cause was argued by E. Michael McCann, 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.

CURRIE, C. J.

In State v. Reppin1 this court adopted the "manifest injustice" test in regard to the withdrawal of guilty pleas. The court cited with approval the standards included in the tentative draft on Standards Relating to Pleas of Guilty prepared by the American Bar Association Project on Minimum Standards for Criminal Justice. One such standard provides:

"(a) The court should allow the defendant to withdraw his plea...

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