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ERNST v. STATE

No. State 46.

43 Wis.2d 661 (1969)

170 N.W.2d 713

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

Supreme Court of Wisconsin.

Decided September 30, 1969.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by James H. McDermott, state public defender.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Roger P. Murphy, district attorney of Waukesha county.

HANLEY, J.

The sole issue presented on this review is whether the trial court erred in denying defendant's postconviction motion to withdraw his pleas of guilty.

In State v. Reppin (1967), 35 Wis.2d 377, 385, 151 N.W.2d 9, this court adopted the "manifest injustice" test, whereby the defendant should be permitted to withdraw his plea of guilty if he is able to prove by clear and convincing evidence that his plea...

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