La Fond v. State

As I understand the facts of this case, the defendant was charged with one offense and then, after all the evidence was in — after the defendant was foreclosed of any opportunity to defend on another charge — the judge sua sponte found the defendant guilty of a crime with which he had not been charged, but which he felt was proved by the evidence.

This on its face violates the provision of the Wisconsin Constitution stating:

“In all criminal prosecutions the accused shall enjoy the right ... to demand the nature and cause of the accusation against him . . . .” Art. I, sec. 7.

In Roth v. State…