Ferry v. State

Our conclusion makes it unnecessary that we recite the facts in detail.

Defendant contends, first, that the evidence does not sustain a conviction of second-degree murder. The assignment cannot be considered by us in the absence of a motion to set aside the verdict and grant a new trial made before sentence and judgment. O'Toole v. State, 105 Wis. 18, 80 N. W. 915.

It is urged that the issue of second-degree manslaughter was improperly submitted. As. to the issue itself, counsel for defendant requested that it be submitted, and is in no position to assert error because his request was complied…