NOVITZKE v. STATE

No. 77-183-CR.

92 Wis.2d 302 (1979)

284 N.W.2d 904

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

Supreme Court of Wisconsin.

Decided November 6, 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 Mark Lukoff, first assistant state public defender.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and John M. Schmolesky, assistant attorney general.


WILLIAM G. CALLOW, J.

Rick B. Novitzke (defendant) was found guilty of the offense of homicide by intoxicated use of a motor vehicle, contrary to sec. 940.09, Stats. Writs of error were issued to review the judgment of conviction and the order denying the defendant's postconviction motion for a new trial. The errors alleged involve a hypothetical question put to an expert witness and the admissibility of evidence concerning the defendant's hospitalization for treatment...

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