Hemmis v. State

On May 24, 1963, plaintiff in error Hemmis was found guilty of burglary under sec. 943.10 (1) (a), Stats., in a trial to the court, having waived his right to a jury trial. The burglary with which Hemmis was charged took place late in the evening of July 28, 1962, at Burlington, Wisconsin. The police, answering a call from the wife of the owner of the premises, entered a building belonging to Burlington Foods, Inc. An individual, later identified as Edwin Fogle, left in haste as the police arrived. A police officer gave chase through a puddle of water near the premises, ordered Fogle to halt, and then shot and wounded him. Fogle subsequently pleaded guilty to attempted burglary.