State Wisconsin v. David M. Truax

David M. Truax appeals from a judgment convicting him of the first-degree murder of his wife while armed with a dangerous weapon, to wit, a baseball bat. Truax raises two arguments. First, he contends that the trial court should have excluded evidence obtained from him during custodial interrogation because he was illegally arrested. The trial court had held that Truax was not under arrest. We affirm on a different basis, concluding that even if Truax was under arrest, probable cause for arrest existed. Therefore, the statements Truax made after being read his Miranda rights were properly admitted into evidence.