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STATE v. MANSFIELD

Nos. State 170, 177.

55 Wis.2d 274 (1972)

198 N.W.2d 634

STATE, Respondent, v. MANSFIELD, Appellant. HOLMES, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the appellant in Case No. State 170 there was a brief by Frederick T. Rikkers and Rikkers, Rikkers & Rothstein, all of Madison, and oral argument by Frederick T. Rikkers.

For the respondent in Case No. State 170 the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the plaintiff in error in Case No. State 177 there was a brief by Frederick T. Rikkers and Rikkers, Rikkers & Rothstein, all of Madison, and oral argument by Frederick T. Rikkers.

For the defendant in error in Case No. State 177 the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

Before reaching the merits of the cases here, a problem of jurisdiction is presented. In the Mansfield case (St. 170), the judgment of conviction was entered on March 16, 1971, but the notice of appeal was not filed until September 2, 1971. This exceeds the ninety-day appeal time set by sec. 974.03, Stats. While a motion was made under sec. 974.06, it too was made without the ninety-day appeal time and in any event the making of such a motion does not extend...

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