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MCKINLEY v. STATE

37 Wis.2d 26 (1967)

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

Supreme Court of Wisconsin.

November 28, 1967.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Maurice L. Gorsky, attorney, and Michael W. Hogan of counsel, both 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.

CURRIE, C. J.

We are confronted with these three issues:

(1) Were any of defendant's confessions involuntary due to alleged psychological coercion exerted by the police in taking defendant to the morgue to view the body of the deceased?

(2) If any of the confessions are found to be involuntary, does this require granting of a new trial?

(3) Did the trial court commit prejudicial error by giving to the jury instruction Wis J I—Criminal...

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