KIMMONS v. STATE

No. State 25.

51 Wis.2d 266 (1971)

186 N.W.2d 308

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

Supreme Court of Wisconsin.

Decided May 4, 1971.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Phillips, Richards & Mayew and Donald E. Mayew, all of Kenosha, and oral argument by Donald E. Mayew.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Burton Scott, district attorney of Kenosha county.


CONNOR T. HANSEN, J.

Two issues are raised on appeal: (1) Error in instructions, and (2) error for failure to submit verdicts for a lesser included offense.

The resolution of this case does not require a detailed review of the facts. The victims of both robberies positively identified the defendant and testified that he was armed with a pistol. The female victim of the first robbery was not as knowledgeable of firearms as the male victim of the second robbery...

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