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STATE v. KITOWSKI

No. State 25.

44 Wis.2d 259 (1969)

170 N.W.2d 703

STATE, Respondent, v. KITOWSKI, Appellant.

Supreme Court of Wisconsin.

Decided October 3, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by James P. Lonsdorf and Tinkham, Smith, Bliss & Patterson, all of Wausau, and oral argument by Mr. Lonsdorf.

For the respondent the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HEFFERNAN, J.

The sole question presented by this appeal is whether the evidence relied upon by the jury was sufficient to prove the necessary elements of the crime of arson. Two elements must be proved beyond a reasonable doubt in order to sustain the conviction for the crime of arson. They are: "(1) the corpus delicti; that is, a fire caused by a criminal agency; and (2) the identity of defendant as the one responsible for the fire." Curtis, Law of Arson...

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