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BETHARDS v. STATE

Nos. State 89, 90.

45 Wis.2d 606 (1970)

173 N.W.2d 634

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

Supreme Court of Wisconsin.

Decided February 3, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Philip S. Grelecki of Milwaukee.

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.

Two principal issues are raised on this review. They are:

1. Was there sufficient credible evidence to convict defendant of attempted burglary?

2. Was it error to instruct on parties to a crime when that statutory provision was not specifically mentioned in the information filed against the defendant?

This court has often stated that before it will reverse a conviction because of insufficiency...

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