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STATE v. CARTAGENA

No. State 24.

40 Wis.2d 213 (1968)

161 N.W.2d 392

STATE, Respondent, v. CARTAGENA, 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 L. William Staudenmaier of Milwaukee.

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

HANLEY, J.

Two issues are presented by this appeal:

1. Was it prejudicial error for the trial court to receive in evidence the statement of the defense witness Garza; and

2. was it prejudicial error for the trial court to fail sua sponte to instruct the jury that Garza's statement was to be considered by them for an impeachment of Garza only and that it could not be considered as substantive evidence against the defendant?

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