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STATE v. SHAH

No. 85-1028-CR.

134 Wis.2d 246 (1986)

397 N.W.2d 492

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Syed Tagi SHAH, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided December 22, 1986.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Stephen W. Kleinmaier, assistant attorney general, and Bronson C. La Follette, attorney general, and oral argument by Barry M. Levenson, assistant attorney general.

For the defendant-appellant there was a brief and oral argument by Louis B. Butler, Jr., assistant state public defender.

SHIRLEY S. ABRAHAMSON, J.

This is a review of an unpublished decision of the court of appeals filed December 26, 1985, reversing a judgment of conviction of the circuit court for Milwaukee county, Ralph G. Gorenstein, Judge. The jury found the defendant guilty of second degree murder.

The issue presented on review is whether the instruction given to the jury on circumstantial evidence shifted the burden of persuasion regarding the defendant's claim of self...

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