Penister v. State

After a trial by jury, Charles E. Penister was found guilty of carrying a concealed weapon in violation of sec. 941.23, Stats., and found guilty of being a party to the crime of armed robbery contrary to sec. 943.32 (1) (b) and (2) and sec. 939.05. He was sentenced to a term of fifteen years for armed robbery, and to a concurrent term of one year for carrying a concealed weapon.

The principal legal question posed by the appeal is whether, at the time Penister was apprehended, there was sufficient legal justification for the search made. It was this search which revealed a concealed sawed-off *96sh…