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STATE v. IVY

No. 83-371-CR.

115 Wis.2d 645 (1983)

STATE of Wisconsin, Plaintiff-Respondent, v. Gerald Collie IVY, Jr., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 25, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Margaret A. Maroney, assistant state public defender, of Milwaukee.

For the plaintiff-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with Thomas J. Balistreri, assistant attorney general of counsel, of Madison.

Before Wedemeyer, P.J., Decker and Moser, JJ.

MOSER, J.

Gerald Collie Ivy, Jr. (Ivy) appeals from a judgment of conviction for armed robbery—party to a crime in violation of secs. 943.32(1) (a) and (2) and 939.05, Stats., and for injury by conduct regardless of life—party to a crime in violation of secs. 940.23 and 939.05. Ivy raises five issues on appeal: (1) whether the trial court erred in refusing to instruct the jury that a fact which has been stipulated...

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