RAYMOND v. STATE

No. State 198.

55 Wis.2d 482 (1972)

198 N.W.2d 351

RAYMOND, 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 Robert H. Bichler of Racine.

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.


HANLEY, J.

The appeal raises these two issues:

(1) Is the evidence sufficient to show that defendant entered the premises with the intent to steal; and

(2) Did the trial court err in refusing to submit to the jury a verdict based on criminal trespass to dwellings as a lesser included offense?

In order to resolve the first issue it is necessary to state the material facts adduced in evidence.

On January 27, 1971, at about 12:55 p. m...

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