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. |