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NICHOLAS v. STATE

No. State 99.

49 Wis.2d 678 (1971)

183 N.W.2d 8

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

Supreme Court of Wisconsin.

Decided February 2, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Boren, Schmidt & Fleming and Morton J. Schmidt, all of Cudahy, and oral argument by Morton J. Schmidt.

For the defendant in error the cause was argued by Victor Manian, first assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

HANLEY, J.

Defendant seeks a new trial on the ground of alleged prejudicial errors committed by the trial court. These alleged errors consist of the following: (1) The court committed prejudicial error in permitting the trial of the two codefendants, alleged to be conspirators, to remain consolidated where one defendant changes a plea from not guilty to guilty and becomes a witness for the prosecution; and

(2) The...

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