Denny v. State

The issue presented is whether the sentence imposed upon Denny after his new trial violated the fourteenth amendment of the United States Constitution and the Constitution of the state of Wisconsin because it was a more severe sentence than he received after conviction on the first trial.

Neither the transcript of the testimony of the first or the second trial is included in the record on appeal, nor is the transcript of the original sentencing proceeding. As there were two presentence reports on Denny in the trial file at the time of conviction, no new presentence report was sought for the…