State v. Dyess

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

*527We 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 an element of the crime, i.e., that he was negligent, if there was evidence from which the jury could conclude that the defendant was exceeding the speed limit at the time the accident occurred.

We conclude that the error was prejudicial.…