TATUM v. STATE

No. State 37.

51 Wis.2d 554 (1971)

187 N.W.2d 137

TATUM, 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 by C. James Riester and Schroeder, Gedlen, Riester & Moerke, all of Milwaukee, and oral argument by C. James Riester.

For the defendant in error the cause was argued by George L. Frederick, 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.


HANLEY, J.

Three issues are presented on this appeal:

(1) Was the handcuffing of the defendant in the presence of the jury so prejudicial as to deny him a fair and impartial trial;

(2) In imposing sentence was the trial court influenced by the defendant's conduct during the course of trial, so as to constitute cruel and unusual punishment, contrary to the provisions of the Constitutions of the United States and the state of Wisconsin; and

...

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