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STATE v. CHILDS

No. 87-0267-CR.

146 Wis.2d 116 (1987)

430 N.W.2d 353

STATE of Wisconsin, Plaintiff-Respondent, v. Curtiss L. CHILDS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 28, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Jack E. Schairer, assistant state public defender.

For the plaintiff-respondent, the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Jerome S. Schmidt, assistant attorney general.

Before Dykman, Eich and Sundby, JJ.

SUNDBY, J.

Curtiss Childs appeals a judgment convicting him of second-degree sexual assault (fellatio), contrary to sec. 940.225(2)(a), Stats.1 He claims that several trial errors entitle him to a new trial. First, the trial court erred in instructing the jury that oral stimulation of the penis is fellatio. Second, the trial court erred in denying his motion for a mistrial or, in the alternative, for a cautionary instruction because of...

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