State v. Jones

The state seeks review of an unpublished decision of the court of appeals filed May 11, 1988, reversing the defendant’s conviction in the circuit court for Racine county, Stephen A. Simanek, circuit judge, of second degree murder by use of a dangerous weapon, in violation of secs. 940.02(1) and 939.63(l)(a)2, Stats. 1985-86.1

The question presented on review is whether the circuit court erred in refusing to instruct the jury on the "defense of others” privilege set forth in sec. 939.48(1) and (4), Stats. 1985-86.2

The court of appeals held that the circuit court committed reversible error by…