SHARLOW v. STATE

No. State 145.

47 Wis.2d 259 (1970)

177 N.W.2d 88

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

Supreme Court of Wisconsin.

Decided June 2, 1970.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Leonard S. Zubrensky, attorney, and Herbert S. Bratt of counsel, both of Milwaukee, and oral argument by Mr. Zubrensky.

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


HANLEY, J.

Defendant seeks the reversal of the judgment of conviction or, in the alternative, a new trial on the ground of alleged prejudicial error committed by the trial court. This alleged error raises the issue as to whether Officer Zellmer's testimony concerning defendant's confession was admissible. A question also arises as to whether, having expressly declined to challenge the statement at the time of trial, he can now raise the issue of admissibility.

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