Holesome v. State

BeilfüSS, J.

The issue presented is whether the crime of endangering the safety of another by conduct regardless of life, sec. 941.30, Stats., can be an included offense under an information charging first-degree murder, sec. 940.01, as a matter of law.

It must first be noted that the record contains written stipulations to the effect that the written transcript of the testimony not be made a part of the record and that the testimony not be abridged in an appendix. The sketchy statement of facts as it appears above is gleaned from the briefs of the parties.

Because none of the evidentiary facts…