State v. Giwosky
In State v. Giwosky, 109 Wis. 2d 446, 326 N.W.2d 232 (1982), the Wisconsin court addressed the issue where the State charged one count of battery for an incident involving distinct acts. The victim testified Giwosky threw a log, hitting the victim in the head. Additionally, a struggle followed and the defendant hit and kicked the victim in the back.
The court was called on to decide whether the defendant's right to a unanimous verdict was violated when the trial court did not instruct the jury it had to be unanimous as to whether the defendant committed battery when he threw the log or during the altercation on the river bank.
The court held that when the factual circumstances involve a short, continuous, single incident, jury unanimity required only that the jury agree to an act of the crime charged, not which particular act. 109 Wis. 2d at 451.