STATE v. JANASKY


258 Wis. 182 (1950)

STATE, Plaintiff in error, vs. JANASKY and wife, Defendants in error.

Supreme Court of Wisconsin.

December 5, 1950.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by the Attorney General and William A. Platz, assistant attorney general, and oral argument by Mr. Platz.

For the defendants in error there was a brief by Willis E. Donley of Menomonie, attorney, and Terence N. Hickey of Milwaukee of counsel, and oral argument by Mr. Donley.


MARTIN, J.

After stating that there were two essential elements to be proven within reasonable probabilities in this case, first, that the fire was of incendiary origin and, second, that there is probable cause to believe that the defendants, or either of them, set it, the trial court then stated as follows:

"There is sufficient evidence in my opinion to show that the defendants had an opportunity to set the fire and that they had a motive for setting it....

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