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STATE v. DYESS

No. 83-891-CR.

124 Wis.2d 525 (1985)

370 N.W.2d 222

STATE of Wisconsin, Plaintiff-Respondent, v. Johrie DYESS, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided June 28, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by William J. Tyroler and William Reddin, assistant state public defenders, and oral argument by Mr. Tyroler.

For the plaintiff-respondent there was a brief by Jeffrey M. Gabrysiak, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general, and oral argument by Daniel O'Brien, assistant attorney general.

HEFFERNAN, CHIEF JUSTICE.

This is a review of a decision of the court of appeals which affirmed the conviction of Johrie Dyess for homicide by the negligent use of a motor vehicle.1

We reverse the court of appeals, because the jury instructions violated sec. 903.03(3), Stats.,2 in that the jury was told that it was required to find the defendant had committed...

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