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MITCHELL v. STATE

No. 76-203-CR.

84 Wis.2d 325 (1978)

267 N.W.2d 349

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

Supreme Court of Wisconsin.

Decided June 30, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Ruth S. Downs, deputy state public defender, with whom on the briefs was Howard B. Eisenberg, state public defender.

For the defendant in error the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Brief amicus curiae of the District Attorney for Milwaukee County was filed by E. Michael McCann, district attorney for Milwaukee county, and Lee Edward Wells, deputy district attorney, and oral argument by Mr. Wells.

CALLOW, J.

The defendant, Lugene Mitchell, was arrested on October 18, 1974, while driving a white, 1973 Mercury Cougar, which he did not own. He was charged with driving a motor vehicle without the owner's consent, contrary to sec. 943.23, Stats. His defense was that he had been given permission to drive the car by a friend who claimed to be the owner. The arresting officers observed at that time that the ignition switch had been tampered with so that any key, including...

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