Werner v. State

The plaintiff in error, Warren H. Werner (hereinafter defendant), was sentenced to a prison term of not less than five and not more than fifteen years following his conviction for. second-degree murder in violation of sec. 940.02, Stats. We reverse because of the error that was made in the instructions to the jury by the trial court.

There are certain undisputed facts about the incident that underlie this conviction. During the evening of October 3, 1972, defendant and his brother Ronald Werner were at a tavern located in the unincorporated village of Poniatowski in Marathon county. They were…