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NELSON v. STATE

No. State 158.

53 Wis.2d 769 (1972)

193 N.W.2d 704

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

Supreme Court of Wisconsin.

Decided February 1, 1972.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by C. Michael Hausman of Milwaukee.

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

HEFFERNAN, J.

In respect to the double-jeopardy claim, without determining whether it had any merit when initially asserted, it is apparent that the defense was waived. After the defendant's assertion of the double-jeopardy defense in the circuit court and after the motion was set down for hearing, the defendant elected to plead guilty to the burglary and heroin charges in exchange for the state's agreement to dismiss the two felony theft charges. Defendant throughout...

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