Muller v. State

I dissent on two grounds: The jury instruction concerning the presumption of intent in this case contravenes sec. 903.08 (3), Rules of Evidence, the state constitution and the federal constitution as interpreted in Sandstrom v. Montana, 442 U.S. 510, 99 S. Ct. 2450 (1979). The trial court erred in failing to give an instruction on manslaughter.

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The majority appears to concede that that part of the jury instruction which states:

“The law presumes that a reasonable person intends all the natural, probable, and usual consequences of his deliberate acts.”

is substantially similar to the Montana…