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CHENEY v. STATE

No. State 59.

44 Wis.2d 454 (1969)

171 N.W.2d 339

174 N.W.2d 1

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

Supreme Court of Wisconsin.

Decided October 28, 1969.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief of Francis R. Croak, attorney, and Grootemaat, Cook & Franke of counsel, all of Milwaukee, and oral argument by Mr. Croak.

For the defendant in error the cause was argued by Michael Ash, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

WILKIE, J.

On this writ of error, the defendant raises four issues:

1. Was it an abuse of discretion to admit evidence of alleged acts of subsequent misconduct by the defendant without affording the defendant notice prior to trial?

2. Were the instructions of the trial court with reference to the testimony of an accomplice erroneous?

3. Was it an abuse of discretion to impose the maximum sentence...

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