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STATE v. HIBICKE

263 Wis. 213 (1953)

STATE, Appellant, vs. HIBICKE, Respondent.

Supreme Court of Wisconsin.

February 3, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by the Attorney General and William J. McCauley, district attorney of Milwaukee county, Herbert L. Mount, special prosecutor, and Harold J. McGrath, special assistant district attorney, and oral argument by Mr. Mount and Mr. McGrath.

For the respondent there was a brief and oral argument by George A. Bowman of Milwaukee.

BROWN, J.

"The granting of a new trial in the interest of justice is highly discretionary, and the order, although reviewable, will not be reversed by the supreme court unless it clearly appears that there was an abuse of judicial discretion." Syllabus, Kies v. Hopper (1945), 247 Wis. 208, 19 N.W.2d 167.

We need examine the trial court's reasons no further than to find one sufficient to justify the order for the new trial as an act within the trial...

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