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STATE v. MCINTOSH

No. 86-1199-CR.

137 Wis.2d 339 (1987)

404 N.W.2d 557

STATE of Wisconsin, Plaintiff-Respondent, v. Scott J. McINTOSH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 19, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Charles Bennett Vetzner, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Jerome S. Schmidt, assistant attorney general.

Before Gartzke, P.J., Eich and Sundby, JJ.

EICH, J.

Scott McIntosh appeals from a judgment convicting him of homicide by negligent use of a motor vehicle contrary to sec. 940.08(1), Stats. There are two issues: (1) the sufficiency of the evidence of guilt; and (2) whether the trial court's denial of McIntosh's motion for a continuance of the trial due to his amnesia violated his constitutional right to a fair trial.

We conclude that the evidence, though predominantly circumstantial, was sufficient...

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