# State v. Shoffner

> Wisconsin Supreme Court · July 1, 1966 · 31 Wis. 2d 412

URL: https://www.frixlaw.com/law-library/cases/9663660

## Case

- **Full name:** State, Respondent, v. Shoffner, Appellant
- **Court:** Wisconsin Supreme Court
- **Decided:** July 1, 1966
- **Citations:** 31 Wis. 2d 412; 143 N.W.2d 458; 1966 Wisc. LEXIS 994
- **Precedential status:** Published
- **Opinion:** Concurrence by Hallows
- **Judges:** Fairchild, Hallows, Wilkie, Gordon, Beilfuss, Heffernan
- **Cited by:** 72 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9663660

## Opinion text

Hallows, J.
(concurring). A half a loaf is better than no loaf. I concur in the concurring opinion of Mr. Justice Wilkie and reiterate the reasons in my concurring opinion in Kwosek v. State (1960), 8 Wis. (2d) 640, 100 N. W. (2d) 339 , and dissenting opinion in State v. Esser (1962), 16 Wis. (2d) 567, 115 N. W. (2d) 505 . While I accept the option technique as a half step *435 in the right direction, I hope the dawn of a new day is not far off when M’Naghten will be recognized by this court in its historical context and understood as an outmoded and outdated expression of a test of criminal responsibility and when the court will join the ever-growing band of jurisdictions which accept the American Law Institute’s formulation of the only test for criminal responsibility in insanity cases as a realistic expression of what contemporaneous law ought to be.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9663660. Public record. Not legal advice.