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SCHULTZ v. STATE

No. 76-208-CR.

82 Wis.2d 737 (1978)

264 N.W.2d 245

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

Supreme Court of Wisconsin.

Decided April 5, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Howard B. Eisenberg, state public defender, and Jack E. Schairer, assistant state public defender.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Maryann S. Calef, assistant attorney general.

HANLEY, J.

Three issues are presented on this appeal:

1. Did the trial court usurp the prosecutorial function during the course of the trial?

2. Was the defendant's statement admissible at trial?

3. Was the evidence sufficient to sustain the verdict?

Judicial Usurpation of Prosecutorial Functions

The defendant contends that the trial court coached the prosecuting attorney and otherwise improperly assumed an adversarial...

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