Gelhaar v. State

Defendant attacks the order denying a new trial on these two grounds:

1. Prior inconsistent statements of witnesses are not competent evidence; and

2. There is insufficient credible evidence to sustain her conviction.

Defendant’s basic objection on this review is that the evidence was insufficient to support the verdict because there was no competent evidence on the issue of defendant’s intent to commit murder. Defendant concedes that the statements of Mark and Christine Gelhaar would have established the necessary intent, but these statements were only admissible as prior inconsistent…