State v. Howard
In State v. Howard, 211 Wis. 2d 269, 290, 564 N.W.2d 753 (1997), the jury was entirely precluded from considering an essential element of the crime.
The Court held that the absence of the instruction rendered the verdict fundamentally unfair. See id. "
Howard is entitled to a fair trial according to the established rules of procedures and principles of law, with a jury finding on each and every element of the crime charged." Howard, 211 Wis. 2d at 295.