SPENCER v. STATE

No. 76-213-CR.

85 Wis.2d 565 (1978)

271 N.W.2d 25

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

Supreme Court of Wisconsin.

Decided October 31, 1978.


Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief 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 Edward S. Marion, assistant attorney general.


CALLOW, J.

The single issue raised in this case is whether the defendant was denied assistance of counsel, guaranteed by the state and federal constitutions, because the court accepted the jury's verdict in defense counsel's voluntary absence.

The state charged the defendant with committing first-degree murder, contrary to sec. 940.01, Stats. The case was tried to a jury March 2-4, 1976. The defendant's case rested on self-defense. He testified that the victim...

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