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STATE v. WENGER

No. 98-1739-CR.

225 Wis.2d 495 (1999)

593 N.W.2d 467

STATE of Wisconsin, Plaintiff-Respondent, v. LaVere D. WENGER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 12, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Richard L. Wachowski of Wachowski, Johnson & Cohen, S.C. of Eau Claire.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Warren D. Weinstein, assistant attorney general.

Before Cane, C.J., Myse, P.J., and Hoover, J.

CANE, C.J.

Following a jury trial, LaVere Wenger appeals a judgment of conviction for second-degree reckless injury with a dangerous weapon contrary to §§ 940.23(2) and 939.63(2), STATS.1 On appeal, Wenger contends that the trial court erred by: (1) giving a jury instruction on his obligation to retreat regarding self-defense because he had no such obligation; and (2) excluding evidence...

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