SPILLER v. STATE

No. State 62.

49 Wis.2d 372 (1971)

182 N.W.2d 242

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

Supreme Court of Wisconsin.

Decided January 5, 1971.


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 Lee Edward Wells, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.


HALLOWS, C. J.

The sufficiency of the evidence to sustain the verdict of guilty is not in question so there need be no detailed recital of the evidence; the issues raised are whether there was a valid waiver of the jury trial, whether the trial court committed error in instructing the jury the date of his arrest was immaterial, and whether his sentence is valid because it was not based upon a judgment of conviction.

Was there a waiver of the jury trial...

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