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STATE v. GLENN

No. 93-2918-CR.

190 Wis.2d 155 (1994)

526 N.W.2d 752

STATE of Wisconsin, Plaintiff-Respondent, v. Anthony GLENN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 13, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs and oral argument by William J. Tyroler, assistant state public defender.

For the respondent-respondent the cause was submitted on the briefs of James E. Doyle, attorney general, and Stephen W. Kleinmaier, assistant attorney general. There was oral argument by Stephen W. Kleinmaier.

Before Sullivan, Fine and Schudson, JJ.

SCHUDSON, J.

Anthony Glenn appeals from the judgment of conviction, following a jury trial, for intermediate aggravated battery, party to a crime. He argues that the trial court erred in denying his request for a jury instruction on the lesser-included offense of battery. We affirm.

For purposes of the issue on appeal, the relevant facts are not in dispute. On the night of June 30, 1990, Robert Massaro and three...

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