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STATE v. EBERHARDT

No. State 8.

40 Wis.2d 175 (1968)

161 N.W.2d 287

STATE, Respondent, v. EBERHARDT, Appellant.

Supreme Court of Wisconsin.

Decided October 1, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Podell & Ugent of Milwaukee, and oral argument by Alvin R. Ugent.

For the respondent the cause was argued by Harold B. Jackson, Jr., assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and David J. Cannon, district attorney.

ROBERT W. HANSEN, J.

The case of the defendant rests upon a single plank, one far too weak to support such a weight. That plank consists of the following colloquy between defense counsel and the police officer to whom defendant made certain statements:

"Q. Did Mr. Eberhardt appear to be in shock when you questioned him and advised him about his constitutional rights? A. Degree of shock.

"Q. Pardon? A. I don't know what degree...

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