State v. Lindvig

James H. Lindvig appeals from a judgment convicting him of causing injury to another by the negligent operation of a dangerous weapon in violation of § 940.24, STATS. Lindvig argues that the trial court erred: (1) in denying his request for a jury instruction on the defense of mistake under § 939.43(1), Stats.; (2) in denying his motion for a mis trial based on the prosecutor's comment in opening statements; and (3) in admitting photographs of an arrow protruding through the victim's leg. We conclude that: (1) the defense of mistake is not available in a criminal negligence case; (2) the…