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JENSEN v. STATE

36 Wis.2d 598 (1967)

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

Supreme Court of Wisconsin.

October 31, 1967.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Robert H. Friebert, public defender, attorney, and Richard Olbrich of Madison of counsel, and oral argument by Mr. Friebert.

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, and William A. Platz, assistant attorney general.

HANLEY, J.

Five issues are raised on this review. The first question is whether the trial court abused its discretion by not allowing alibi witnesses to testify for the defendant or by failing to adjourn the trial.

The alibi statute, sec. 955.07, Stats., is as follows:

"In courts of record, if the defendant intends to rely upon an alibi as a defense, he shall give to the district attorney written notice thereof...

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