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DRANE v. STATE

29 Wis.2d 208 (1965)

DRANE, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

November 30, 1965.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Henry L. Hillard of Milwaukee.

For the defendant in error the cause was argued by Richard B. Surges, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and Hugh R. O'Connell, district attorney.

WILKIE, J.

The sole question presented is whether there is sufficient evidence to support the court in finding defendant guilty of second-degree murder. Defendant does not deny shooting Williams. He argues that since there was evidence that Williams threatened him and advanced toward him with a knife, he was guilty, at best, of manslaughter pursuant to sec. 940.05 (1), (2), or (4), Stats.1 In essence, defendant contends that

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