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STATE v. DANFORTH

No. 85-210-CR.

125 Wis.2d 293 (1985)

371 N.W.2d 411

STATE of Wisconsin, Plaintiff-Respondent, v. Wayne J. DANFORTH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 18, 1985.

Attorney(s) appearing for the Case

For the appellant there were briefs by Leonard D. Kachinsky, of Neenah.

For the respondent there was a brief by Bronson C. La Follette, attorney general, and Kirbie Knutson, assistant attorney general.

Before Cane, P.J., Dean and LaRocque, JJ.

LAROCQUE, J.

Wayne Danforth appeals a judgment convicting him of cruelly maltreating a child, contrary to sec. 940.201,1 Stats. He claims that the trial court erred by admitting evidence that he struck the victim on two prior occasions and by refusing to instruct the jury on battery, sec. 940.19(1), Stats., as a lesser included offense. Because the trial court's error in admitting the evidence was harmless and because battery is not a...

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