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MITCHELL v. STATE

No. State 165.

47 Wis.2d 695 (1970)

177 N.W.2d 833

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

Supreme Court of Wisconsin.

Decided June 26, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Gerald P. Boyle of Milwaukee.

For the defendant in error the cause was argued by Joseph E. Tesch, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

BEILFUSS, J.

Two issues are presented:

1. Were the court's instructions to the jury on manslaughter and self-defense confusing and prejudicial?

2. Is the evidence of self-defense so conclusive the court should have ordered judgment for the defendant notwithstanding the jury verdict?

The information charged the defendant with second-degree murder in the slaying of Donald Skenandore. Verdicts of guilty of second-degree murder, guilty of manslaughter...

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