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STATE v. FOSTER

No. 93-2844-CR.

191 Wis.2d 14 (1995)

528 N.W.2d 22

STATE of Wisconsin, Plaintiff-Respondent, v. Rodney FOSTER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 10, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Legal Assistance to Institutionalized Persons Program, with John Allan Pray, of Madison.

For the plaintiff-respondent the cause was submitted on the briefs of James E. Doyle, attorney general, and Sally L. Wellman, assistant attorney general.

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

SCHUDSON, J.

Rodney Foster appeals from the judgment of conviction, following a jury trial, for firstdegree intentional homicide while armed, contrary to §§ 940.01(1) and 939.63, STATS. He argues that the trial court erred by: (1) denying his request for an instruction on the lesser-included offense of second-degree intentional homicide (unnecessary force in defense of self or others); and (2) modifying the standard jury instruction on intoxication as a...

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