State v. Nutley

1964

Court: Wisconsin Court of Appeals

Facts: Nutley, Nickl and Welter were driving with Illinois plates and spending lots of money. They got pulled over, and a big shoot-off took place. Welter shot a cop. Nutley and Nickl aided and abetted by distracting. All three were part of an ad-hoc conspiracy. It's a party-to-a-crime jamboree!

Posture: Convicted at trial.

Issue: Was the evidence sufficient to support convictions for first degree murder and attempted murder all around?

Holding: Yes. A jury could reasonably find that Welter is a perpetrator, and Nutley and Nickl were accomplices in the murder of Jantz. They were all co-conspirators in the attempted murder of Kohl.

Rule: Nice tour of the conspiracy statute.

Reasoning: Applying the statute to the facts, we see that they line up reasonably. Actually this isn't just an interesting case, except for the fact that it simultaneously has all forms of conspiracy.

Dicta: