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MILLER v. STATE

35 Wis.2d 777 (1967)

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

Supreme Court of Wisconsin.

June 30, 1967.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Howard W. Eslien of Oconto Falls.

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.

The first issue raised is whether the trial court abused its discretion in denying the defendant's motion for a change of venue, and is there a probability that the defendant received less than a fair trial by an impartial jury?

It is argued that defendant was denied an impartial trial because of a deep-seated pattern of community prejudice engendered by common knowledge of the defendant's character and by adverse pretrial publicity.

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