PAYNE v. STATE


36 Wis.2d 307 (1967)

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

Supreme Court of Wisconsin.

October 3, 1967.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by George K. Whyte, Jr., of Milwaukee.

For the defendant in error the cause was argued by E. Michael McCann, 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 issue in this case is whether the evidence presented at the trial is sufficient to prove the element of intent required for a conviction of first-degree murder.

Sec. 940.01 (1), Stats., defines a first-degree murderer as "Whoever causes the death of another human being with intent to kill that person." The phrase "intent to kill" is defined in sec. 940.01 (2) as meaning "the mental purpose to...

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