Walker v. State

In Walker v. State, 99 Wis. 2d 687, 694, 299 N.W.2d 861 (1981), the defendant testified that he intentionally shot in the direction of the victim without intending to hit the person and also claimed the privilege of self-defense. The court there determined that the jury could find unreasonable the defendant's belief that the force he used was necessary or find he had no claim to the privilege because he provoked the attack, but still believe his testimony that he did not intend to kill the victim. See 99 Wis. 2d at 694-95. Thus, because the defendant himself gave inculpatory testimony-that he intentionally shot in the victim's direction-a reasonable view of his testimony supported an acquittal on the charge of attempted murder but conviction on the lesser included offense of endangering by reckless conduct. See id.