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STATE v. FLEMING

No. 92-2147-CR.

181 Wis.2d 546 (1993)

510 N.W.2d 837

STATE of Wisconsin, Plaintiff-Respondent, v. Michael J. FLEMING, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 30, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of William F. Hue and Matthew P. Dregne of Krek & Hue, S.C. of Jefferson.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and David J. Becker, assistant attorney general.

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

SUNDBY, J.

The state charged defendant Michael J. Fleming with intentionally causing bodily harm to a child by conduct which creates a high probability of great bodily harm, contrary to sec. 948.03(2)(c).1 In the instruction and verdict conference, the prosecutor requested that the trial court instruct the jury that it could find Fleming guilty of the lesser-included offense of intentionally causing bodily harm to a child, contrary to...

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