Harris v. State

The sole issue on review in this 1972 Milwaukee homicide is whether the jury instruction, as submitted by the trial court, should have included third-degree as well as first- and second-degree murder alternatives for the jury to consider. The trial court was entirely correct in rejecting the request for a third-degree murder verdict and we therefore affirm.

A shooting and robbery occurred on September 29, 1972, at a Milwaukee supermarket, during normal hours when the store was full of shoppers. Plaintiff in error James Lee Harris (hereinafter defendant) and two companions entered the store.…