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STATE v. GRESENS

No. State 56.

40 Wis.2d 179 (1968)

161 N.W.2d 245

STATE, Respondent, v. GRESENS, Appellant.

Supreme Court of Wisconsin.

Decided October 1, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by John E. Esler of Kaukauna.

For the respondent the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and William A. Platz, assistant attorney general.

HALLOWS, C. J.

The defendant claims the trial court erred in not directing a verdict of not guilty. The motion was based upon the ground the state had failed to prove the unborn child was alive at the time the defendant acted. "Abortion" is defined in sec. 940.04 (1), Stats., as an intentional destruction of an unborn child by any person other than the mother. An unborn child is defined in sec. 940.04 (6) as a human being from the time of conception until it is born...

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