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STATE v. MORIARTY

No. 81-1179-CR.

107 Wis.2d 622 (1982)

321 N.W.2d 324

STATE of Wisconsin, Plaintiff-Respondent, v. Michael J. MORIARTY, III, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 12, 1982.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Steven D. Phillips, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Pamela Magee-Heilprin, assistant attorney general.

Before Voss, P.J., Brown and Scott, JJ.

SCOTT, J.

Michael Moriarty appeals from a judgment of conviction for armed robbery and false imprisonment. He argues that the trial court committed error when it admitted into evidence certain medical conclusions offered by the State on rebuttal even though the State had not produced the medical records pursuant to Moriarty's discovery demands. We hold that the conclusions were properly admitted because the State did not intend to use the records at trial and offered...

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