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STATE v. JOHNSON

No. 85-1252-CR.

135 Wis.2d 453 (1986)

400 N.W.2d 502

STATE of Wisconsin, Plaintiff-Respondent, v. Douglas A. JOHNSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 17, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the briefs of Glenn L. Cushing, assistant state public defender. Oral argument by Mr. Cushing.

For the plaintiff-respondent, the cause was submitted on the brief of Bronson C. La Follette, attorney general and Barry M. Levenson, assistant attorney general. Oral argument by Mr. Levenson.

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

SCOTT, C.J.

Douglas A. Johnson (Johnson) appeals from his conviction by a jury for second-degree murder contrary to sec. 940.02, Stats. He also appeals from the order denying his post-conviction motion. Johnson raises three issues on appeal: (1) whether there is sufficient evidence to support the conviction of second-degree murder; (2) whether the trial court committed prejudicial error by giving a falsus in uno instruction after informing the parties that...

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