ESTATE OF JAVORNIK


35 Wis.2d 741 (1967)

ESTATE OF JAVORNIK: STATE, Appellant, v. VODNIK and another, Respondents.

Supreme Court of Wisconsin.

June 30, 1967.


Attorney(s) appearing for the Case

For the appellant the cause was argued by Roy G. Mita, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent Helen Gertrude Vodnik there was a brief and oral argument by Richard J. Steinberg of Milwaukee.


HALLOWS, J.

The state contends the trial court abused its discretion in reopening the case for additional testimony because the grounds for such a request did not comply with the requirements for granting a new trial. The state views the rehearing as a new trial but it is clear from the record that the second hearing was a continuation of the first hearing because only additional proof was adduced and there was no resubmission of evidence. A new trial may be granted...

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