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STATE v. SHOFFNER

31 Wis.2d 412 (1966)

STATE, Respondent, v. SHOFFNER, Appellant.

Supreme Court of Wisconsin.

July 1, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by James M. Shellow and Shellow & Shellow, all of Milwaukee, and oral argument by James M. Shellow.

For the respondent the cause was argued by Paul T. Miller, assistant district attorney of Milwaukee county, and William A. Platz, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and Hugh R. O'Connell, district attorney.

FAIRCHILD, J.

1. The defense of insanity. In instructing the jury, the learned circuit judge faithfully followed our decision in State v. Esser1 and defined the defense of insanity in terms of capacity to understand the nature and quality of the act and capacity to distinguish between right and wrong with respect to it.

The defense had requested, in preferential order, four alternative instructions. The elements involved...

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