SPRAGUE v. STATE

No. State 41.

52 Wis.2d 89 (1971)

187 N.W.2d 784

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

Supreme Court of Wisconsin.

Decided June 25, 1971.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Jack J. Gimbel of Milwaukee.

For the defendant in error the cause was argued by Lee Edward Wells, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and E. Michael McCann, district attorney.


CONNOR T. HANSEN, J.

We consider three issues to be raised on this appeal:

1. Did the trial court err in refusing to permit the introduction of testimony concerning the defendant's history of epilepsy, to negate intent, in the first portion of the sequential trial?

2. Did the defendant prove he was insane at the time of the offense?

3. Is the defendant entitled to a new trial in the interest of justice?

Intent.

During...

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