State v. Bronston

Decision Date06 October 1959
Citation98 N.W.2d 468,7 Wis.2d 627
PartiesSTATE of Wisconsin, Respondent, v. Donald Edward BRONSTON, Appellant.
CourtWisconsin Supreme Court

Marvin E. Klitsner, Lyman A. Precourt, Fairchild, Foley & Sammond, Milwaukee, for appellant.

John W. Reynolds, Atty. Gen., William A. Platz, Asst. Atty. Gen., William J. McCauley, Dist. Atty., Ben J. Wiener, Deputy Dist. Atty., Milwaukee, for respondent.

CURRIE, Justice.

We are satisfied that it was improper for this court to have directed the circuit court to enter a new judgment convicting the defendant of the offense of attempt to commit the crime of aggravated battery. Such finding of guilt is one to be made by the trial court as finder of the facts, a jury having been waived. We modify our original opinion with respect to this feature of the appeal to merely hold that the evidence is sufficient to substantiate such a finding of guilt if the trial court should see fit to make it. No change in the original mandate is required because of this inasmuch as that part of the case, which related to the charge of aggravated battery, was remanded for further proceedings not inconsistent with the opinion.

The other points raised in the briefs on the motion for rehearing have been carefully considered and it is our conclusion that our original opinion should stand except as modified above.

The motion for rehearing is denied without costs.

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28 cases
  • State v. Mendoza
    • United States
    • Wisconsin Supreme Court
    • 4 octobre 1977
    ...matter of law, did not constitute an assault with intent to do great bodily harm. State v. Bronston, 7 Wis.2d 627, 633, 97 N.W.2d 504, 98 N.W.2d 468 (1959). In commenting on the Bronston Case, this court recently stated: "(T)he relatively minor injuries sustained by the victim in Bronston w......
  • Culombe v. Connecticut
    • United States
    • U.S. Supreme Court
    • 19 juin 1961
    ...258 Wis. 290, 45 N.W.2d 660; State v. Stortecky, 1956, 273 Wis. 362, 77 N.W.2d 721; State v. Bronston, 1959, 7 Wis.2d 627, 97 N.W.2d 504, 98 N.W.2d 468. Wyoming: Mortimore v. State, 1916, 24 Wyo. 452, 161 P. 766; State v. Lantzer, 1940, 55 Wyo. 230, 99 P.2d 73. 39 Regina v. Berriman, 6 Cox ......
  • State v. Moulden
    • United States
    • Maryland Court of Appeals
    • 24 février 1982
    ...cert. denied, 391 U.S. 928, 88 S.Ct. 1815, 20 L.Ed.2d 668 (1968); State v. B, 173 Wis. 608, 616, 182 N.W. 474 (1921); State v. Bronston, 7 Wis.2d 627, 98 N.W.2d 468 (1959). See also the discussion in Jeffers v. United States, 432 U.S. 137, 150-152, 97 S.Ct. 2207, 2216-2217, 53 L.Ed.2d 168 I......
  • State v. Myers
    • United States
    • Wisconsin Supreme Court
    • 9 novembre 1990
    ... ... 13 ...         In contrast to McKissick, the defendant relies on State v. Bronston, 7 Wis.2d 627, 97 N.W.2d 504, modified 7 Wis.2d 642a, 98 N.W.2d 468 (1959), overruled on other grounds sub nom. State ex rel. Goodchild v. Burke, 27 Wis.2d 244, 133 N.W.2d 753 (1965), cert. den. 384 U.S. 1017, 86 S.Ct. 1941, 16 L.Ed.2d 1039 (1966). In Bronston, a case tried to the trial court, ... ...
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