| Court: | Wisconsin Supreme Court |
| Facts: | Stabbed two people; hurt them badly. |
| Posture: | Convicted of two counts each of attempted first-degree murder and injury regardless of life. Appealed, and affirmed. |
| Issue: | Was the multiple-charge, multiple-offense prosecution in violation of double jeopardy? |
| Holding: | Affirmed: no problem here. |
| Rule: | Elements test (Blockburger) to distinguish between offenses. Ambuehl was exactly this same fact pattern, basically. |
| Reasoning: | Because the elements are different (i.e., catually causing harm), the injury charge does not count as a "lesser included offense" with respect to attempted murder. Likewise, the injury crime does not include the intent to kill, which is an element of murder. |
| Dicta: | All this convicting doesn't seem just, but that't the law. Concurring opinion praises the use of discretion to lessen sentence. |