This section contains the nature of the case and procedural background.

D undertook the construction of a sanitary sewer line. While working in an area adjacent to some Wisconsin Electric Power Company power lines, a work crew attempted to place a section of corrugated metal pipe in a trench in order to remove groundwater. The backhoe operator misjudged the distance from the boom of the backhoe to the overhead power lines and did not realize he had moved the stick of the boom into contact with the wires. In attempting to attach a chain to the backhoe's bucket, a member of the crew was instantly electrocuted. P charged D with negligent vehicular homicide. D's motion to dismiss was denied. D was found guilty as charged. D appealed. The court certified the case to the Wisconsin Supreme Court and that court announced that it was equally divided on whether to affirm or reverse the judgment of conviction. It returned the case to the appeals court for it to decide.

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