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STATE v. HERRIGES

No. 89-1400-CR.

155 Wis.2d 297 (1990)

455 N.W.2d 635

STATE of Wisconsin, Plaintiff-Respondent, v. Kevin M. HERRIGES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 7, 1990.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Waring R. Fincke of Dvorak & Fincke, S.C. of Milwaukee.

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

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

BROWN, P.J.

Kevin M. Herriges appeals from a judgment of conviction following a jury trial and convictions of battery to a police officer (two counts) and escape. He raises three claims of error in the jury instructions. He argues, first, that the instructions regarding self-defense failed to explain Herriges' theory of defense; second, that one who provokes an assault in his own home is excused from the statutory duty to exhaust all reasonable means of evading harm...

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