McCOOL v. STATE

No. State 80.

51 Wis.2d 528 (1971)

187 N.W.2d 206

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

Supreme Court of Wisconsin.

Decided June 2, 1971.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Stewart G. Honeck of Milwaukee.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and E. Michael McCann, district attorney of Milwaukee county.


ROBERT W. HANSEN, J.

The defendant in this case sought to withdraw his application for writ of error and to drop his appeal. Because the defense was based upon a claim of insanity and because the defendant had been committed, voluntarily and otherwise, to mental treatment facilities for therapy, this court refused to permit the postconviction challenge to the judgment to be abandoned.

The sole defense claim was that...

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