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LEE v. STATE

No. State 144.

65 Wis.2d 648 (1974)

223 N.W.2d 455

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

Supreme Court of Wisconsin.

Decided November 26, 1974.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Laurence E. Norton, II, and oral argument by Dennis W. Egre, both of the Legal Aid Society of Milwaukee.

For the defendant in error the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

Trial counsel for the defendant did not request any jury instruction on intoxication as a defense. Trial counsel for the defendant did not object to the jury instructions as given by the trial court, with no reference to intoxication as a defense. Postconviction counsel for the defendant urges that we find error in the trial court's not instructing the jury as to intoxication as a defense.

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