State v. Scherr

Defendant claims that the trial court erred in refusing his request that manslaughter in the second degree, sec. 340.15, Stats., and manslaughter in the fourth degree, sec. 340.26, be submitted to the jury. We have examined the record in vain in an effort to find where this request was made. Reference is made to it in the motions after verdict.. Defendant, having failed to mate this request during the trial, cannot be heard at this time to claim error on the trial court’s omission to submit lesser degrees of manslaughter. Van Rite v. State, 237 Wis. 212, 295 N. W. 688; Sweda v. State, 206…