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STATE v. WILSON

No. 90-0849-CR.

160 Wis.2d 774 (1991)

467 N.W.2d 130

STATE of Wisconsin, Plaintiff-Respondent, v. Theopolis WILSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 16, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Hans P. Koesser of Kenosha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Gregory M. Posner-Weber, assistant attorney general.

Before Nettesheim, P.J., Brown and Scott, JJ.

SCOTT, J.

Theopolis Wilson appeals from a judgment convicting him of burglary as an habitual offender. We agree that certain testimony was erroneously excluded as impermissible hearsay. Because we conclude the error was not harmless, we reverse and remand for a new trial.

Wilson was charged with unlawfully entering the residence of John Herendon with the intent to steal property belonging to Herendon. Wilson's theory of defense at trial was that he thought...

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