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STATE v. BOUGNEIT

No. 79-556-CR.

97 Wis.2d 687 (1980)

294 N.W.2d 675

STATE of Wisconsin, Plaintiff-Respondent, v. Robert W. BOUGNEIT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 27, 1980.

Attorney(s) appearing for the Case

For the defendent-appellant, there was a brief and oral argument by Roland J. Steinle, III of Gerald P. Boyle, S.C. of Milwaukee.

For the plaintiff-respondent, there was a brief submitted by Bronson C. La Follette, attorney general, and Sally L. Wellman, assistant attorney general. Oral argument by Sally L. Wellman.

Before Voss, P.J., Brown and Bode, J.J.

BROWN, J.

Robert W. Bougneit appeals from an attempted first-degree murder conviction. At trial, Bougneit claimed he intended to frighten his victim by a near miss, but the victim moved his body into the line of fire and was shot. At trial, he asked for the mistake of fact instruction, arguing that he misjudged the position of the victim. The trial judge refused to give the mistake of fact instruction. Because we hold the evidence does not raise a mistake of fact...

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