State v. Smith

Before reaching the issues on the merits of this appeal, it should be noted that the incorrect post-conviction procedure was utilized in this case. The procedural problem in this case is that although the sec. 974.06 motion was made before the expiration of the one-year appeal period (applicable to this case by virtue of sec. 958.13, Stats. 1967), the motion was used to raise objections not reaching the constitutional dimensions contemplated under sec. 974.06,' but stating objections that should have been covered by a motion for a new trial. In this respect we very recently stated in Peterson…