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STATE v. BLOCK

No. 91-2499-CR.

170 Wis.2d 676 (1992)

489 N.W.2d 715

STATE of Wisconsin, Plaintiff-Respondent, v. Damone John BLOCK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 25, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Gary M. Luck of Brookfield, Wisconsin.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of James E. Doyle, attorney general, and William C. Wolford, assistant attorney general.

Before Wedemeyer, P.J., Sullivan and Fine, JJ.

FINE, J.

Damone John Block appeals his conviction of second-degree murder in violation of section 940.02(1), Stats. (1985-86), and of unlawful possession of cocaine in violation of sections 161.16(2)(b)1 and 161.41(3m), Stats. He raises two issues. First, the trial court failed to swear the jury prior to the receipt of evidence, and Block contends that this required a mistrial. Second, Block claims trial-court error in instructing the jury on the effect of alleged...

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