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§ 940.02 (1969), Second-Degree Intentional Murder — Sufficiency of Evidence (Battered Child)

State v. Arden C. Hirsch, 2002 WI App 8For Hirsch: Paul G. LaZotte, UW Law School, LAIP

Issue: Whether the evidence was sufficient to sustain conviction for second-degree murder, § 940.02 (1969).

Holding: Discrepancies between the parent’s version of what happened to the child and medical expert testimony as to what could not have, or what must have, happened to produce the injuries is crucial. ¶7. Persuasive medical evidence that the child died as result of sever injury, along with evidence that defendant was alone with the victim at the time she suffered trauma, supports the verdict. ¶¶36-41. (Seidler v. State, 64 Wis. 2d 456, 219 N.W.2d 320 (1974) distinguished.)

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