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HOLLAND v. STATE

No. 77-485-CR.

91 Wis.2d 134 (1979)

280 N.W.2d 288

HOLLAND, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided June 29, 1979.

Attorney(s) appearing for the Case

For the defendant in error the cause was argued by David J. Becker, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant in error the cause was argued by Ruth S. Downs, assistant state public defender, with whom on the briefs was Richard L. Cates, state public defender.

WILLIAM G. CALLOW, J.

The state seeks review of this decision of the court of appeals vacating the judgment of conviction and remanding the case for a new trial.1 The court of appeals held that the trial court committed prejudicial error in failing to instruct the jury that, before it could find the defendant Holland guilty of the crime charged, it had to agree unanimously on which category of the party to a crime statute

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