Hawthorne v. State

This is a review of an unpublished decision of the Court of Appeals dated April 23, 1979, affirming a judgment of conviction entered by the Circuit Court for Milwaukee County, HON. VICTOR MANIAN, Circuit Judge.

The single question presented in this case is: Did the trial court err in denying defendant’s request for submission of a verdict of endangering safety by conduct regardless of life (endangering safety) as a lesser included offense of attempted first-degree murder.

We hold that the refusal to submit the verdict was prejudicial error, reverse the Court of Appeals’ decision upholding 1 the…