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FERRY v. STATE

266 Wis. 508 (1954)

FERRY, Plaintiff in error, vs. THE STATE, Defendant in error.

Supreme Court of Wisconsin.

April 6, 1954.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by Kenneth E. Worthing of Fond du Lac, and Judson J. Rikkers of Waupun.

For the defendant in error there was a brief by the Attorney General and William A. Platz, assistant attorney general, and Frederic C. Eberlein, district attorney of Shawano county, and oral argument by Mr. Eberlein.

GEHL, J.

Our conclusion makes it unnecessary that we recite the facts in detail.

Defendant contends, first, that the evidence does not sustain a conviction of second-degree murder. The assignment cannot be considered by us in the absence of a motion to set aside the verdict and grant a new trial made before sentence and judgment. O'Toole v. State, 105 Wis. 18, 80 N. W. 915.

It is urged that the issue...

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