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Baldwin v. State

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eBook details

  • Title: Baldwin v. State
  • Author : Supreme Court of Wisconsin
  • Release Date : January 25, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Michael L. Baldwin, plaintiff in error, was found guilty by a jury of being a party to the crimes of operating an automobile
without the consent of the owner and of false imprisonment (secs. 939.05, 943.23, and 940.30, Stats., respectively). The offenses
were alleged to have occurred in Milwaukee county. On the charge of operating an automobile without the consent of the owner,
Baldwin was sentenced to an indeterminate term of not more than five years, and on the false imprisonment conviction to a
term not exceeding two years, these terms to run consecutively with each other and also consecutively to the sentence Baldwin
was then serving on a Waukesha county conviction for rape and false imprisonment which arose out of the same incident. Motions
for a new trial and to modify the sentence were denied. To review the judgments of conviction and the order denying a new
trial and a reconsideration of the sentencing, Baldwin brings writs of error. Prior to the conviction in this case, Baldwin was tried for and convicted in Waukesha county of rape and false imprisonment,
crimes which arose out of some of the same facts on which the convictions in this case are founded. His convictions in Waukesha
county were affirmed in Baldwin v. State (1973), 59 Wis. 2d 116, 207 N.W.2d 630, wherein the facts are set forth in detail.
On this appeal, Baldwin argues, among other things, that he cannot be convicted again for false imprisonment in Milwaukee
county. He also claims he was wrongfully denied a substitution of Judge under sec. 971.20, Stats., when the trial Judge assigned
to hear the case denied his request for an assignment of Judge because the request was untimely.


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