RANDOLPH v. STATE

No. 76-091-CR.

83 Wis.2d 630 (1978)

266 N.W.2d 334

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

Supreme Court of Wisconsin.

Decided June 6, 1978.


Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Ronald L. Brandt, deputy state public defender, with whom on the briefs was Howard B. Eisenberg, state public defender.

For the defendant in error the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.


CONNOR T. HANSEN, J.

The principle issue in this case is whether the offense of injury by conduct regardless of life, sec. 940.23, Stats., is a lesser included offense of the crime of attempted first-degree murder, sec. 940.01 and sec. 939.32.

In the early morning hours of June 9, 1975, the defendant shot one Keith A. Plantz. He was nineteen years of age at the time, had played baseball during the afternoon of June 8, 1975, and went drinking beer in the evening...

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