STATE v. FREIBERG


35 Wis.2d 480 (1967)

STATE, Respondent, v. FREIBERG, Appellant.

Supreme Court of Wisconsin.

June 6, 1967.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Dennis J. Purtell of Milwaukee.

For the respondent the cause was argued by Robert E. Sutton, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and Hugh R. O'Connell, district attorney.


HEFFERNAN, J.

Was there sufficient evidence to establish the wilfulness of defendant's failure to support?

The burden of proof in nonsupport case is the same as in any criminal matter—proof of guilt beyond a reasonable doubt. This court recently said in Gauthier v. State (1965), 28 Wis.2d 412, 415, 137 N.W.2d 101, that:

"The burden of proof upon the state is the same whether the...

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