KEMP v. STATE

No. State 138.

61 Wis.2d 125 (1973)

211 N.W.2d 793

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

Supreme Court of Wisconsin.

Decided November 12, 1973.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Charles J. Herro and Herro, Snyder, Chapman & Snyder, all of Oconomowoc, and oral argument by Charles J. Herro.

For the defendant in error the cause was argued by Steven B. Wickland, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


BEILFUSS, J.

As to the finding of guilt on the principal charge upon review here, the defendant asserts: (1) It was error to find the defendant guilty upon the basis of the record of the preliminary examination, (2) that evidence is not sufficient to sustain the conviction, and (3) that the trial court had a duty to consider lesser included crimes.

On June 15, 1971, the body of Diane Kemp, the defendant's wife, was found in the bed in a bedroom of their apartment...

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