State v. Kelley

Dillard Earl Kelley (defendant) was charged by criminal information with second-degree murder, contrary to sec. 940.02(1), Stats. 1 At the close of the prosecution’s case, the defendant moved to dismiss the information, arguing that there was insufficient evidence to permit the case to go to the jury. After the trial court denied the defendant’s motion, the defendant testified and rested his case. The defendant did not renew his motion at the close of all the testimony. The jury returned its verdict finding the defendant guilty of manslaughter, excessive use of force in self-defense or…