State v. Harp

The state appeals from an order granting defendant Rowland Harp a new trial. Defendant was charged with first-degree murder, sec. 940.01, Stats. 1985-86, 1 in the stabbing death of Rodney Michaels. Defendant claimed he acted in self-defense. The jury found him guilty of second-degree murder, sec. 940.02(1), Stats. The court granted a new trial because of unobjected-to instructional errors.

The state contends that the trial court abused its discretion. The state argues that defendant waived the claimed errors, the instructions were sufficient, and if they were not, the errors were harmless.…