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STATE v. TUTTLE

21 Wis.2d 147 (1963)

STATE, Respondent, v. TUTTLE, Appellant.

Supreme Court of Wisconsin.

October 29, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg & Kletzke, attorneys, and Edwin A. Star of counsel, all of Milwaukee, and oral argument by Sydney M. Eisenberg.

For the respondent the cause was argued by William A. Platz, assistant attorney general, with whom on the brief were George Thompson, attorney general, and Roger P. Murphy, district attorney of Waukesha county, and Cornelius Andringa, assistant district attorney.

FAIRCHILD, J.

Defendant contends (1) that the verdict was based on speculation or resulted from bias, and (2) that under the circumstances it was an abuse of discretion to fine him $150 and costs.

1. Sufficiency of evidence. Defendant did not, either before or after verdict, raise in the circuit court the question of the sufficiency of the evidence to go to the jury. In the absence of a motion to set aside the verdict on that ground, defendant

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