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STATE v. HARP

No. 87-0212-CR.

150 Wis.2d 861 (1989)

443 N.W.2d 38

STATE of Wisconsin, Plaintiff-Appellant, v. Rowland L. HARP, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 11, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Daniel J. O'Brien, assistant attorney general.

For the defendant-respondent the cause was submitted on the briefs of Glenn L. Cushing, assistant state public defender.

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

GARTZKE, P.J.

The state appeals from an order granting defendant Rowland Harp a new trial. Defendant was charged with first-degree murder, sec. 940.01, Stats. 1985-86,1 in the stabbing death of Rodney Michaels. Defendant claimed he acted in self-defense. The jury found him guilty of second-degree murder, sec. 940.02(1), Stats. The court granted a new trial because of unobjected-to instructional errors.

The state contends that the...

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