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[DOWNLOAD] "State Wisconsin v. David James Wilson" by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free

State Wisconsin v. David James Wilson

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eBook details

  • Title: State Wisconsin v. David James Wilson
  • Author : United States Court of Appeals for the Third Circuit
  • Release Date : January 30, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

This case is before the court on petition and cross-petition for review of a decision of the court of appeals, State v. Wilson, 145 Wis. 2d 143, 426 N.W.2d 56 (Ct. App. 1988), which reversed the judgment and order of conviction of the defendant entered by the circuit court for Kenosha county, Jerold W. Breitenbach, Circuit Judge. Four issues are presented for review. The first issue is whether the evidence produced at trial was sufficient for the jury to find the defendant guilty of second-degree murder under sec. 940.02, Stats. 1967. We conclude that the evidence produced at trial was sufficient for the jury to find the defendant guilty of second-degree murder. The second issue is whether the circuit court erred in failing to instruct the jury on the lesser-included offense of homicide by reckless conduct, sec. 940.06, Stats. 1967. We find that the circuit court did not err in failing to instruct the jury on the lesser-included offense of homicide by reckless conduct. The third issue is whether the sixteen-year delay between the date of the alleged offense and the filing of the criminal complaint violated the defendants right to due process. We hold that the sixteen-year delay between the date of the offense and the filing of the criminal complaint did not violate the defendants right to due process. The fourth issue is whether the defendant was denied a fair trial as a result of the publicity generated before and during his trial. We conclude that the defendant was not denied a fair trial as a result of the publicity generated before and during his trial.


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