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STATE v. HERWIG

17 Wis.2d 442 (1962)

STATE, Appellant, v. HERWIG, Respondent.

Supreme Court of Wisconsin.

October 2, 1962.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Albert Harriman, assistant attorney general, and David H. Bennett, district attorney of Columbia county, with whom on the brief was John W. Reynolds, attorney general.

For the respondent there was a brief and oral argument by T. J. Sanderson of Portage.

HALLOWS, J.

The appeal is within the provisions of sec. 958.12 (1) (d), Stats., allowing the state to appeal questions of law arising upon the trial of a criminal case with the permission of the trial court and providing a judgment acquitting the defendant of the charge is deemed adverse to the state. This is a test case on a stipulation of facts, and the judgment of conviction or acquittal depended solely upon the constitutionality of the rule....

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