SMITH v. STATE

No. State 46.

63 Wis.2d 496 (1974)

217 N.W.2d 257

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

Supreme Court of Wisconsin.

Decided May 7, 1974.


Attorney(s) appearing for the Case

The cause was submitted for the plaintiff in error on the brief of James E. Garvey of Eau Claire, and for the defendant in error on the brief of Robert W. Warren, attorney general, and Robert D. Martinson, assistant attorney general.


Submitted under sec. (Rule) 251.54 April 3, 1974.

ROBERT W. HANSEN, J.

The sole issue on this appeal is whether the trial court lacked jurisdiction because the information failed to name the murder victim: A child, David Johnson, the thirteen-month-old son of Edith Johnson, with whom the defendant was living at the time of the murder. This precise issue was raised and decided by this court, in this case and as to this defendant, on his 1969 petition for writ...

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