Day v. State

The challenge is to both conviction and sentence on the charge of second-degree murder. 1

On the conviction, defendant claims the trial court erred in not submitting manslaughter to the jury. Sec. 940.05 (2), Stats., provides:

“Manslaughter. Whoever causes the death of another human being under any of the following circumstances may be imprisoned not more than 10 years:

“(2) Unnecessarily, in the exercise of his privilege of self-defense or defense of others or the privilege to prevent or terminate the commission of a felony;”

The test or standard for determining when lesser degrees of homicide…