STATE v. KUNTZ.

No. 88-1565-CR.

160 Wis.2d 722 (1991)

467 N.W.2d 531

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Harold W. KUNTZ, Defendant-Appellant-Cross Petitioner.

Supreme Court of Wisconsin.

Decided April 3, 1991.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Christopher G. Wren, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the defendant-appellant-cross petitioner there were briefs and oral argument by Charles Bennett Vetzner, assistant state public defender.


WILLIAM A. BABLITCH, J.

The State of Wisconsin (State) appeals a decision of the court of appeals which reversed Harold Kuntz's (Kuntz) conviction for arson to a building. The court of appeals concluded that because the jury instructions relieved the State of its burden of proving each element of arson beyond a reasonable doubt, the conviction must be reversed. We conclude that although the circuit court's instruction created...

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