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GARCIA v. STATE

No. 75-70-CR.

73 Wis.2d 174 (1976)

242 N.W.2d 919

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

Supreme Court of Wisconsin.

Decided June 14, 1976.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Howard B. Eisenberg, state public defender.

For the defendant in error the cause was argued by Marguerite M. Moeller, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

DAY, J.

Alberto Garcia was found guilty of first-degree murder following a jury trial. The appeal presents three issues: (1) Was the evidence sufficient to sustain a first-degree murder conviction? (2) Did the evidence require the court to instruct the jury on requested lesser-included offenses? (3) Should the trial have been delayed because of certain pretrial publicity?

On the evening of February 28, 1974, Mr. Santiago Coronado was shot in the heart in the...

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