State v. Foster

Rodney Foster appeals from the judgment of conviction, following a jury trial, for first-degree intentional homicide while armed, contrary to §§ 940.01(1) and 939.63, Stats. He argues that the trial court erred by: (1) denying his request for an instruction on the lesser-included offense of second-degree intentional homicide (unnecessary force in defense of self or others); and (2) modifying the standard jury instruction on intoxication as a defense by substituting the word "may" for "must." We affirm.

I. BACKGROUND

The facts relevant to the issues on appeal are not in dispute. According to the…