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KELLEY v. STATE

No. State 179.

51 Wis.2d 641 (1971)

187 N.W.2d 810

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

Supreme Court of Wisconsin.

Decided June 25, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Melvin F. Greenberg and Greenberg, Karp & Heitzman, all of Madison, and oral argument by Melvin F. Greenberg.

For the defendant in error the cause was argued by William F. Eich, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

Defendant raises three issues in this review:

1. Is the supplementary instruction (Wis J I—Criminal, Part I, 520) which the trial court gave the jury so coercive as to deprive defendant of due process of law?

2. Did the trial court err in instructing the jury that mistake as to the age of the complainant is no defense to the crime charged?

3. Is there sufficient evidence to sustain...

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