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NEELY v. STATE

No. 77-499-CR.

97 Wis.2d 38 (1980)

292 N.W.2d 859

Robert J. NEELY, Plaintiff in error-Petitioner, v. STATE of Wisconsin, Defendant in error.

Supreme Court of Wisconsin.

Decided June 9, 1980.

Attorney(s) appearing for the Case

For the plaintiff in error-petitioner the cause was argued by Steven P. Weiss, assistant state public defender, with whom on the briefs was Richard L. Cates, 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.

Originally reported in 86 Wis.2d 304, 272 N.W.2d 381.

WILLIAM G. CALLOW, J.

The principle issue raised on this review concerns the extent to which a criminal defendant who takes the stand in his defense waives his Fifth Amendment privilege against self-incrimination.

I.

On December 11 or 12, 1975, Felix Winters, the deceased...

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