WHITAKER v. STATE

No. 76-343-CR.

83 Wis.2d 368 (1978)

265 N.W.2d 575

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

Supreme Court of Wisconsin.

Decided May 2, 1978.


Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Howard B. Eisenberg, state public defender, and Mark Lukoff, assistant state public defender.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Pamela Magee-Heilprin, assistant attorney general.


ABRAHAMSON, J.

Whitaker contends that his conviction for robbery should be reversed because (1) the information was not amended in conformity with the statutes; (2) the trial court failed to instruct the jury on the lesser included charge of theft; and (3) the evidence was insufficient to support the jury's verdict. We affirm the judgment.

Whitaker was originally charged as a party to the crime of theft. Following...

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