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WERNER v. STATE

No. State 128.

66 Wis.2d 736 (1975)

226 N.W.2d 402

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

Supreme Court of Wisconsin.

Decided March 4, 1975.

Attorney(s) appearing for the Case

The cause was submitted for the plaintiff in error on the brief of Howard B. Eisenberg, state public defender, and Ronald L. Brandt, assistant state public defender; and for the defendant in error on the brief of Robert W. Warren, attorney general, and David J. Becker, assistant attorney general.

Submitted under sec. (Rule) 251.54 December 2, 1974.

WILKIE, C. J.

The plaintiff in error, Warren H. Werner (hereinafter defendant), was sentenced to a prison term of not less than five and not more than fifteen years following his conviction for second-degree murder in violation of sec. 940.02, Stats. We reverse because of the error that was made in the instructions to the jury by the trial court.

There are certain undisputed facts about the incident...

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