Johnson v. State

Upon this review the defendant challenges the trial court’s refusal to give a requested specific instruction on the identification of the defendant and the refusal of the trial court to instruct and submit to the jury the lesser included offense of second-degree murder.

At about 3:30 in the afternoon of August 30, 1975, the deceased, Clyde Smith, was shot and killed as he stood outside a tavern located on the corner of 14th and West Wright Streets in the City of Milwaukee.

Beverly Mathis lived across the street from the tavern. She was about to enter the tavern to purchase some cigarettes at…