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BELOHLAVEK v. STATE

34 Wis.2d 176 (1967)

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

Supreme Court of Wisconsin.

February 28, 1967.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by Robert H. Friebert, public defender.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, and Daniel L. LaRocque, district attorney of Marathon county, with whom on the brief were Bronson C. La Follette, attorney general, and William A. Platz, assistant attorney general.

CURRIE, C. J.

The defendant urges that the trial court erred in refusing to give an instruction with respect to intoxication. The instruction sought would have informed the jury that intoxication is a defense to a crime in which intent is an essential element.1

The trial court denied the request for this instruction for the reason that there was no evidence to show that the defendant was under the influence of alcohol so that it...

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