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DENNY v. STATE

No. State 177.

47 Wis.2d 541 (1970)

178 N.W.2d 38

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

Supreme Court of Wisconsin.

Decided June 26, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Cotton, Rose & Rose and Terry W. Rose, all of Kenosha, and oral argument by Terry W. Rose.

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, and Joseph Molinaro, district attorney of Kenosha county.

HALLOWS, C. J.

The issue presented is whether the sentence imposed upon Denny after his new trial violated the fourteenth amendment of the United States Constitution and the Constitution of the state of Wisconsin because it was a more severe sentence than he received after conviction on the first trial.

Neither the transcript of the testimony of the first or the second trial is included in the record on appeal, nor...

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