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HUGHES v. STATE

No. 217.

55 Wis.2d 477 (1972)

198 N.W.2d 348

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

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by John J. Germanotta, Legal Aid Society of Milwaukee.

For the defendant in error the cause was argued by Michael R. Klos, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

BEILFUSS, J.

Before the matter was submitted to the jury the defendant's counsel requested by appropriate motion that a verdict permitting the jury to find the defendant guilty of the lesser included offense of fornication be submitted to the jury along with the greater charge of sexual intercourse with a child. The motion was denied so that the alternatives open to the jury were a return of a verdict of guilty of sexual intercourse with a child or not guilty. The...

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