SCHENK v. STATE

No. State 181.

51 Wis.2d 600 (1971)

187 N.W.2d 853

SCHENK, 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 were briefs and oral argument by Charles Rowan of Milwaukee.

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.


WILKIE, J.

Three issues are presented by defendant's writs of error. They are:

1. Was defendant's arrest valid? It was.

2. Should the trial court, sua sponte, have instructed the jury on the defendant's possible intoxication? No.

3. Was pretrial publicity of the crime so prejudicial as to require the trial court, sua sponte, to order a new trial or deferral of the trial? Again, we think not.

1. The arrest.

Defendant contends...

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