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McALLISTER v. STATE

No. 75-286-CR.

74 Wis.2d 246 (1976)

246 N.W.2d 511

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

Supreme Court of Wisconsin.

Decided November 3, 1976.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Howard B. Eisenberg, state public defender, and Alvin E. Whitaker, assistant state public defender.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Marguerite M. Moeller, assistant attorney general.

HANLEY, J.

Five issues are presented on this appeal:

1. Did the trial court err in refusing to admit hospital records showing the deceased had previously stabbed his wife?

2. Did prejudicial error arise through improper cross examination of the defendant?

3. Did the trial court err when it refused to give the defendant's requested instruction on self-defense?

4. Was it error to submit the verdict of second-degree murder to the jury...

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