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SCHULTZ v. STATE

No. 76-553-CR.

87 Wis.2d 167 (1979)

274 N.W.2d 614

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

Supreme Court of Wisconsin.

Decided January 30, 1979.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Howard B. Eisenberg, state public defender, and Ruth S. Downs, deputy 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.

HEFFERNAN, J.

This is a review of a judgment of conviction for first-degree murder and a review of a post-trial order denying a new trial. The only question presented is whether the defendant, Schultz, submitted proof sufficient to establish the affirmative defense of not guilty by reason of mental disease or defect "to a reasonable certainty by the greater weight of the credible evidence." Sec. 971.15 (3), Stats. We conclude...

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