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MOORE v. STATE

No. State 133.

55 Wis.2d 1 (1972)

197 N.W.2d 820

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

Supreme Court of Wisconsin.

Decided June 6, 1972.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Frederick Hersh, attorney, and Thomas A. Schulz of counsel, both of Milwaukee, and oral argument by Mr. Schulz.

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

BEILFUSS, J.

The issues are:

1. Was the defendant subjected to double jeopardy because the trial court amended the robbery charge and then found him guilty of theft from the person?

2. Was the trial court's sua sponte amendment of the information reversible error?

3. Did the amended information charge a crime so as to sustain a conviction for theft from a person?

4. Did the trial court abuse its discretion in sentencing the defendant...

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