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STATE v. NICHOLSON

No. 87-2190.

148 Wis.2d 353 (1988)

435 N.W.2d 298

STATE of Wisconsin, Plaintiff-Respondent, v. Howard NICHOLSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 22, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Jack Longert and Legal Assistance To Institutionalized Persons Program, of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Sally L. Wellman, assistant attorney general.

Before Gartzke, P.J., Dykman and Eich, JJ.

GARTZKE, P.J.

Howard Nicholson appeals from an order denying his postconviction motion under sec. 974.06, Stats. He seeks relief from his 1983 conviction for attempted first-degree murder of John Sawle.1 He asserts a right to a second trial because the court refused to submit to the jury the lesser-included offense of imperfect self-defense, sec. 940.05(2), Stats. The state agrees that because the trial court properly instructed the jury...

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