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PULASKI v. STATE

23 Wis.2d 138 (1964)

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

Supreme Court of Wisconsin.

March 6, 1964.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Francis J. Demet of Milwaukee.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief were George Thompson, attorney general, William A. Platz, assistant attorney general, William J. McCauley, district attorney of Milwaukee county, and Donald W. Steinmetz, assistant district attorney.

HALLOWS, J.

On the hearing of the motion, no question was raised by the state that the court was without jurisdiction, but on this appeal the question is raised whether a motion for a new trial can be properly made after the sentencing on a plea of guilty. A motion for a new trial where a sentence has been imposed upon a finding of guilty based on a plea of guilty implies the withdrawal of the plea. Likewise, a motion to withdraw the plea of guilty and to vacate the...

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