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STATE v. HARP

No. 89-1621-CR.

161 Wis.2d 773 (1991)

469 N.W.2d 210

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

Court of Appeals of Wisconsin.

Decided March 21, 1991.

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, of Madison.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

EICH, C.J.

The state appeals from an order granting Rowland Harp a new trial after a jury found him guilty of second degree murder. The issues are: (1) whether the trial court has authority under sec. 805.15(1), Stats.,1 to set aside a verdict and order a new trial on grounds that the real controversy was not fully tried; (2) if so, whether the exercise of that authority is limited to errors...

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