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HAYZES v. STATE

No. State 197.

64 Wis.2d 189 (1974)

218 N.W.2d 717

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

Supreme Court of Wisconsin.

Decided June 17, 1974.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Howard B. Eisenberg, state public defender, and Ronald L. Brandt, assistant state public defender, and oral argument by Mr. Brandt.

For the defendant in error the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HEFFERNAN, J.

The appeal is predicated on three claims of error: That there was not credible evidence to support the jury's finding of intent to kill; that the instructions to the jury and verdict should have included the lesser-included offenses of manslaughter in the heat of passion (sec. 940.05 (1), Stats.), homicide by reckless conduct (sec. 940.06), and homicide by negligent use of a weapon (sec. 940.08); and that the...

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