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STATE v. SMITH

No. 2004AP1077-CR.

284 Wis.2d 798 (2005)

2005 WI App 152

702 N.W.2d 850

STATE of Wisconsin, Plaintiff-Respondent, v. Jermaine SMITH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 7, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Glen B. Kulkoski of Carr, Kulkoski & Stuller, S.C., New Berlin.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of William C. Wolford, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

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

¶ 1. WEDEMEYER, P.J.

Jermaine Smith appeals from a judgment entered after a jury found him guilty of one count of first-degree intentional homicide, while armed, contrary to WIS. STAT. § 940.01(1)(a) (2003-04).1 He claims the trial court erred in permitting the State to introduce out-of-court statements of a co-actor for the purpose of rebutting out-of-court statements introduced by...

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