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STATE v. JONES

No. 86-1559-CR.

147 Wis.2d 806 (1989)

434 N.W.2d 380

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Patrick JONES, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided January 20, 1989.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by David J. Becker, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the defendant-appellant there was a brief by William J. Tyroler, and Richard J. Johnson, both assistant state public defenders, and oral argument by Mr. Johnson.

SHIRLEY S. ABRAHAMSON, J.

The state seeks review of an unpublished decision of the court of appeals filed May 11, 1988, reversing the defendant's conviction in the circuit court for Racine county, Stephen A. Simanek, circuit judge, of second degree murder by use of a dangerous weapon, in violation of secs. 940.02(1) and 939.63(1)(a)2, Stats. 1985-86.1

The question presented on review is whether the circuit court erred in refusing...

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