STATE v. LUCYNSKI

No. State 65.

48 Wis.2d 232 (1970)

179 N.W.2d 889

STATE, Respondent, v. LUCYNSKI, Appellant.

Supreme Court of Wisconsin.

Decided October 6, 1970.


Attorney(s) appearing for the Case

For the appellant there was a brief by Catania & Neubecker, attorneys, and Edward F. Neubecker of counsel, all of Milwaukee, and oral argument by Edward F. Neubecker.

For the respondent the cause was argued by Lee Edward Wells, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.


ROBERT W. HANSEN, J.

The defendant raises one issue, and relies upon one prior decision of this court as the basis for so doing.

The issue is: Did the trial court err in refusing to submit manslaughter as an additional alternative verdict that the jury might return?

Three forms of verdict were submitted to the jury: Guilty of murder in the first degree, guilty of murder in the second degree, and not guilty. Defendant's request for the submission of...

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