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KWOSEK v. STATE

No. State 68.

60 Wis.2d 276 (1973)

208 N.W.2d 308

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

Supreme Court of Wisconsin.

Decided June 29, 1973.

Attorney(s) appearing for the Case

Roman E. Kwosek was found guilty by a jury of false imprisonment under sec. 940.30, Stats.,1 and of endangering safety of another by conduct regardless of life under sec. 941.30.2 The court convicted him and sentenced him to an indeterminate term of not more than five years for false imprisonment and not more than two years for endangering safety by conduct regardless of life, the terms to run concurrently with each other but consecutively to the sentence the defendant was then serving for a prior conviction of second-degree murder. Motions after verdict on the grounds of alleged error and for a new trial in the interests of justice were denied. Kwosek now seeks a review by writ of error from his conviction.

For the plaintiff in error the cause was submitted on the brief of Kenneth W. Hayes and Heywood & Hayes of Hudson.

For the defendant in error the cause was submitted on the brief of Robert W. Warren, attorney general, and Michael R. Klos, assistant attorney general.

Submitted under sec. (Rule) 251.54 June 7, 1973.

HALLOWS, C. J.

The issue as stated by Kwosek is whether the trial court erred in admitting into evidence references to the fact that he had killed his wife and had been convicted of second-degree murder and in refusing to admit evidence of his alleged intimacy with the prosecuting witness' wife. Kwosek had been convicted of second-degree murder involving his wife in 1957 and was paroled in 1963, obtaining employment...

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