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GELHAAR v. STATE

No. State 28.

41 Wis.2d 230 (1969)

163 N.W.2d 609

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

Supreme Court of Wisconsin.

Decided January 9, 1969.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Allen L. Samson of Milwaukee.

For the defendant in error 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.

Defendant attacks the order denying a new trial on these two grounds:

1. Prior inconsistent statements of witnesses are not competent evidence; and

2. There is insufficient credible evidence to sustain her conviction.

Defendant's basic objection on this review is that the evidence was insufficient to support the verdict because there was no competent evidence on the issue of defendant's intent to commit murder. Defendant concedes...

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