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STATE EX REL. SYARTO v. BARBER

268 Wis. 74 (1954)

STATE EX REL. SYARTO, Appellant, vs. BARBER, Respondent.

Supreme Court of Wisconsin.

November 9, 1954.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of the Attorney General and William A. Platz, assistant attorney general, William J. McCauley, district attorney of Milwaukee county, Oliver L. O'Boyle, corporation counsel, and George E. Rice, assistant corporation counsel, and for the respondent on the brief of John L. Newman of Milwaukee.

GEHL, J.

The state demands a new trial. That it may, upon a satisfactory showing and under some circumstances, have one is held in State ex rel. Mahnke v. Kablitz, 217 Wis. 231, 258 N. W. 840. Because a new trial must be had we deem it unnecessary to say more about the evidence than to point out that we are convinced that at the close of the state's case there was testimony establishing every circumstance essential to conviction and that in the absence of contradictory...

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