WEBER v. STATE

No. State 170.

59 Wis.2d 371 (1973)

208 N.W.2d 396

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

Supreme Court of Wisconsin.

Decided June 29, 1973.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Howard B. Eisenberg, state public defender.

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.

The relief sought is under sec. 974.06, Stats. The issues that can be raised on that motion in the trial court and reviewed on appeal here are limited by the scope of the postconviction remedy statute. We said in Peterson v. State (1972), 54 Wis.2d 370, 381, 195 N.W.2d 837:

"The postconviction motion under sec. 974.06, Stats., is not a substitute for a motion for...

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