State v. Nemoir

1974

Court: Wisconsin Supreme Court

Facts: After a monumental night of drinking, Nemoir shoots a guy.

Posture: Convicted at trial, postverdict motions denied.

Issue: Was there such a degree of intoxication that the state of mind was "negatived?"

Holding: Jury said no. Affirmed.

Rule: Capacity can be inferred from the facts.

Reasoning: The jury inferred from the facts.

Dicta: