Court: |
Wis Court of Appeals, 2nd District |
|
Facts: |
Acrimonious marriage, sort of like a blues song, husband shoots wife. |
|
Posture: |
Convicted at trial, appealed on a variation of the battered spouse theory.
His initial appeal was a success. The state appeals: it is still the same
jeopardy (unless the evidence is found badly insufficient) as the first trial. |
|
Issue: |
Whether the defendant acted in the heat of a passion sufficient to be
considered manslaughter |
|
Holding: |
No, no. That's not going to work. Conviction reinstated. |
|
Rule: |
The evidence doesn't justify a manslaughter instruction. |
|
Reasoning: |
This wasn't even an unusual degree of provocation for those two. |
|
Dicta: |
|