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STATE v. WEINMAN

20 Wis.2d 106 (1963)

STATE, Respondent, v. WEINMAN, Appellant.

Supreme Court of Wisconsin.

April 30, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Oldenburg, Manzer & Johnson of Madison, and oral argument by Hugh F. Oldenburg.

For the respondent the cause was argued by William A. Platz, assistant attorney general, with whom on the brief were George Thompson, attorney general, and William D. Byrne, district attorney of Dane county.

GORDON, J.

Although a number of issues have been raised by counsel, we consider that the appeal may be resolved by our ruling upon the defendant's application for a new trial. Weinman's request for a new trial is based upon the following instruction given to the jury by the trial court:

"In this case you have the power, if you see fit, to find that Mrs. Breakfield did not meet her death because of injuries sustained in the automobile accident in question;...

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