BANKS v. STATE

No. State 33.

51 Wis.2d 145 (1971)

186 N.W.2d 250

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

Supreme Court of Wisconsin.

Decided May 7, 1971.


Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Niebler & Niebler, attorneys, and George N. Kotsonis of counsel, all of Menomonee Falls, and oral argument by Mr. Kotsonis.

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


BEILFUSS, J.

The defendant's principal contention is that he should be relieved from criminal responsibility of the act charged because he was exercising a statutory privilege of self-defense. This contention divides itself into two issues:

(1) Whether, as a matter of law, defendant acted in self-defense.

(2) Whether the defendant should be granted a new trial in the interest of justice.

The self...

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