STATE v. FLEMING


38 Wis.2d 365 (1968)

STATE, Appellant, v. FLEMING, Respondent.

Supreme Court of Wisconsin.

February 27, 1968.


Attorney(s) appearing for the Case

For the appellant the cause was argued by LeRoy L. Dalton, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the respondent there was a brief and oral argument by Ray T. McCann of Milwaukee.


HANLEY, J.

The issues on this appeal are as follows: (1) Whether the order of the trial court is appealable under sec. 958.12 (1) (d), Stats.; (2) whether the evidence was sufficient to submit to the trier of fact.

Appealability of the Order.

Sec. 958.12 (1) (d), Stats., allows the state to appeal from any judgment adverse to the state upon questions of law arising on the trial with the permission of the trial judge. An order dismissing the...

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