State v. Rochelt

Richard Rochelt appeals from a judgment of conviction for delivery of a controlled substance, sec. 161.41(l)(c)l., Stats. The state relies upon sec. 939.05, Stats., the party to the crime statute, since it presented no evidence that Rochelt directly committed *377the crime. The state's theory is that on December 24, 1988, undercover agent Pat Buckley bought cocaine from Rochelt through a bartender, Dale Tuel.

The first issue is whether the trial judge should have recused himself. The second issue is whether the court properly allowed Buckley to testify to statements implicating Rochelt that Tuel,…