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STATE v. WINSTON

No. 84-527-CR.

120 Wis.2d 500 (1984)

355 N.W.2d 553

STATE of Wisconsin, Plaintiff-Respondent, v. Harvey Lee WINSTON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 22, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Mark Lukoff, first assistant state public defender, of Milwaukee.

For the plaintiff-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with Barry M. Levenson, assistant attorney general, of counsel, of Madison.

Before Wedemeyer, P.J., Moser, J. and Michael T. Sullivan, Reserve Judge.

SULLIVAN, J.

Harvey Lee Winston (Winston) appeals from a judgment of conviction of third degree sexual assault (party-to-a-crime). He asserts the trial court prejudicially erred in admitting evidence of the flight of his alleged co-actor and by submitting the flight instruction to the jury without limitation. We hold that there was no error in the ruling of the trial court or in its charge to the jury. Accordingly, we affirm.

The state's key witness was the...

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