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STATE v. ESSER

16 Wis.2d 567 (1962)

STATE, Appellant, v. ESSER, Respondent.

Supreme Court of Wisconsin.

March 9, 1962.

May 25, 1962.

Attorney(s) appearing for the Case

For the appellant the cause was argued by William A. Platz, assistant attorney general, and Donald R. McCallum, deputy district attorney of Dane county, with whom on the briefs were John W. Reynolds, attorney general, and James H. McDermott, assistant attorney general, and William D. Byrne, district attorney of Dane county.

For the respondent there were briefs by Lawton & Cates of Madison, and oral argument by Richard L. Cates.

FAIRCHILD, J.

The state requested an instruction defining insanity in terms of a mental condition rendering the defendant incapable of distinguishing between right and wrong.2 The language requested was taken from headnotes 18, 19, and 20 of Oborn v. State.3 The state contends here: (1) The right-wrong definition was part of the common law in force in the territory...

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