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STATE v. SHARLOW

No. 81-207-CR.

106 Wis.2d 440 (1982)

317 N.W.2d 150

STATE of Wisconsin, Plaintiff-Appellant, v. Allerd SHARLOW, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 8, 1982.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Bronson C. La Follette, attorney general, and David J. Becker, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of Ben Kempinen of Legal Assistance To Institutionalized Persons Program of Madison.

Before Voss, P.J., Brown and Scott, JJ.

VOSS, P.J.

At issue in this case is whether the trial court mistakenly denied Allerd Sharlow's constitutional right to present a defense. Under the Wisconsin Rules of Evidence which existed in 1973, the trial court refused to admit the hearsay statements of two witnesses. These witnesses would have testified that Thomas Blanchette, a co-defendant tried and convicted of being a party to the murder of Edwin Frahm, admitted shooting Frahm. On this basis, pursuant to...

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