State v. White

208 N.W.2d 321, 59 Wis. 2d 354, 1973 Wisc. LEXIS 1432

Opinion

Per Curiam.

All members of the court participating agree that assignments of error argued on the appeal are, with one exception, without merit. On the remaining issue, the court is evenly divided. The trial judge refused to permit the defendants to be represented at trial by a volunteer, unpaid attorney in addition to court-appointed and compensated counsel and one other volunteer attorney. Mr. Justices Wilkie, Beilfuss, and Hef-eernan would reverse on the ground that error was of constitutional proportions involving the denial of counsel of defendants’ choice. Mr. Justices Hanley, Connor T. Hansen, and Robert W. Hansen would affirm on the ground that error was harmless in light of the fact that the representation afforded by court-appointed counsel and the additional volunteer attorney was concededly competent.

Mr. Chief Justice Hallows took no part.