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STATE v. MAJOR

274 Wis. 110 (1956)

STATE, Respondent, vs. MAJOR, Appellant.

Supreme Court of Wisconsin.

November 7, 1956.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Theodore W. Coggs, Leonard V. Brady, and Harvey L. McCormick, all of Milwaukee.

For the respondent there was a brief by the Attorney General and William A. Platz, assistant attorney general, and William J. McCauley, district attorney of Milwaukee county, and Hugh R. O'Connell, special assistant district attorney, and oral argument by Mr. Platz and Mr. O'Connell.

MARTIN, J.

In ruling on the motion for a new trial the trial court stated it considered the repudiated statement a part of the state's affirmative proof because in numerous details it was corroborated by the testimony of the police officers. The state contends that the ruling was a proper application of sec. 325.35, Stats., which provides:

"Where testimony of a witness on the trial in a criminal action is inconsistent with a statement previously made by him...

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