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CLAYBROOKS v. STATE

No. State 26.

50 Wis.2d 79 (1971)

183 N.W.2d 139

CLAYBROOKS, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided February 2, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Nathaniel D. Rothstein of Milwaukee.

For the defendant in error the cause was argued by Lee Edward Wells, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

WILKIE, J.

The basic error urged by defendant on this review is that the trial court committed reversible error when it failed to instruct the jury with respect to certain crucial elements of the armed robbery offense charged. Before we consider this alleged error on its merits, it is necessary to resolve two preliminary issues:

1. Should this court exercise its power of discretionary review of this alleged error...

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