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GREEN v. STATE

38 Wis.2d 361 (1968)

GREEN, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

February 27, 1968.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Laurence C. Gram, Jr., of West Allis.

For the defendant in error the cause was argued by E. Michael McCann, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and Hugh R. O'Connell, district attorney.

HEFFERNAN, J.

It is the contention of the defendant that, although there was no request for a manslaughter instruction, it was error to fail to submit such an instruction to the jury if the state of the evidence would have made such a submission proper. It is his contention that the court must submit the manslaughter instruction unless the defendant, as well as his counsel, waives the manslaughter instruction. Whether manslaughter could properly have been submitted...

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