STATE v. DAMMS


9 Wis.2d 183 (1960)

STATE, Respondent, v. DAMMS, Appellant.

Supreme Court of Wisconsin.

January 5, 1960.


Attorney(s) appearing for the Case

For the appellant there was a brief by McLario & Ranney of Milwaukee, and oral argument by John J. McLario and Eugene A. Ranney.

For the respondent the cause was argued by William A. Platz, assistant attorney general, with whom on the brief were John W. Reynolds, attorney general, and George E. Lawler, district attorney of Waukesha county.


CURRIE, J.

The two questions raised on this appeal are:

(1) Did the fact, that it was impossible for the accused to have committed the act of murder because the gun was unloaded, preclude his conviction of the offense of attempt to commit murder?

(2) Assuming that the foregoing question is answered in the negative, does the evidence establish the guilt of the accused beyond a reasonable doubt?

Sec. 939.32 (2), Stats., provides as follows:<...

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