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ROHL v. STATE

No. State 196.

64 Wis.2d 443 (1974)

219 N.W.2d 385

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

Supreme Court of Wisconsin.

Decided June 28, 1974.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Howard B. Eisenberg, state public defender, and Ronald L. Brandt, assistant state public defender, and oral argument by Mr. Brandt.

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.

BEILFUSS, J.

Upon this review the defendant contends:

(1) The conviction cannot stand upon the uncorroborated testimony of an accomplice particularly where, as here, the accomplice recanted her testimony.

(2) The evidence is not sufficient to support the conviction.

(3) The trial court abused its discretion in not granting the motion for a change of venue based upon community prejudice.

(4) A new trial should be granted in the interest...

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