STATE v. RUNDLE

No. 91-1971-CR.

170 Wis.2d 306 (1992)

488 N.W.2d 125

STATE of Wisconsin, Plaintiff-Respondent, v. Kurt RUNDLE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 29, 1992.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Peter J. Kovac of Kovac Law Offices of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Jerome S. Schmidt, assistant attorney general.

Before Nettesheim, P.J., Anderson and Snyder, JJ.


SNYDER, J.

A jury found Kurt Rundle guilty of being a party to the crimes of intentional and reckless physical abuse of his young daughter, contrary to secs. 939.05, 948.03(2)(b) and 948.03(3)(a), Stats. He was not charged under the "passive abuse" statute, sec. 948.03(4). We reverse his conviction because while the evidence may show that he was passively involved in the abuse, it is insufficient to establish his guilt...

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