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STATE v. WOLLMER

No. State 103.

46 Wis.2d 334 (1970)

174 N.W.2d 491

STATE, Respondent, v. WOLLMER, Appellant.

Supreme Court of Wisconsin.

Decided March 6, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Lloyd A. Barbee of Milwaukee.

For the respondent 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.

HEFFERNAN, J.

The state takes the position that the court is without jurisdiction to review the conviction inasmuch as the notice of appeal was dated on July 29, 1969, more than one year following the June 28, 1968, judgment roll entry showing the finding of guilty. Sec. 958.13, Stats., provides in part that a party aggrieved "has one year, after entry of the order or judgment appealed from, to serve notice of appeal or procure the issuance of a writ of error."

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