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STATE v. SALTER

No. 83-305-CR.

118 Wis.2d 67 (1984)

346 N.W.2d 318

STATE of Wisconsin, Plaintiff-Respondent, v. Ricky B. SALTER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 8, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the brief of John E. Tradewell, assistant state public defender.

For the plaintiff-respondent, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Sally L. Wellman, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Ricky B. Salter appeals from a judgment of conviction of first-degree murder, contrary to sec. 940.01, Stats., and from an order denying his motions for post-conviction relief. The issues concern the exclusion of the testimony of Dr. Frederick Fosdal, a psychiatrist, and the failure of the trial court to take a personal waiver from Salter when his counsel declined an instruction of a lesser included offense of manslaughter. We conclude that the exclusion...

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