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VARA v. STATE

No. State 62.

56 Wis.2d 390 (1972)

202 N.W.2d 10

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

Supreme Court of Wisconsin.

Decided November 28, 1972.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Margadette M. Demet of Milwaukee.

For the defendant in error the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HALLOWS, C. J.

The petition requesting a new trial was in the form of a petition for relief under sec. 974.06, Stats., and therefore improper because a postconviction petition under that section is restricted to jurisdictional and constitutional issues. The petition under sec. 974.06 is not a substitute for a motion for a new trial even though a new trial is requested. Nor is the petition a substitute for an appeal. Peterson v. State (1972),

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