HOLESOME v. STATE

No. State 6.

40 Wis.2d 95 (1968)

161 N.W.2d 283

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

Supreme Court of Wisconsin.

Decided October 1, 1968.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Frank X. Kinast of Beloit.

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


BEILFUSS, J.

The issue presented is whether the crime of endangering the safety of another by conduct regardless of life, sec. 941.30, Stats., can be an included offense under an information charging first-degree murder, sec. 940.01, as a matter of law.

It must first be noted that the record contains written stipulations to the effect that the written transcript of the testimony not be made a part of the record and that the testimony not be abridged in an...

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