State v. Sugden

The controlling issue concerns whether there was sufficient evidence to convict the defendant of escape based upon the state’s theory of culpability. We hold that when the information al leges an escape from an institution and the jury is so instructed, the state must prove that the defendant progressed beyond the institution grounds. Because there was no proof of this fact, we reverse the escape conviction.

State’s witnesses testified that a car commandeered by three inmates and carrying hostages crashed through an inner fence of the Kettle Moraine Correctional Institution but did not get…