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DAVIS v. STATE

No. State 20.

49 Wis.2d 180 (1970)

181 N.W.2d 346

DAVIS, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided December 1, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Jack J. Gimbel of Milwaukee.

For the defendant in error the cause was argued by Lee Edward Wells, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

HANLEY, J.

Two issues are presented on this appeal:

(1) Is review of the sufficiency of the evidence proper where there is no post-trial motion to set aside the verdict on the grounds of insufficiency of the evidence or for a new trial; and

(2) Was the evidence sufficient to support a finding of guilty beyond a reasonable doubt?

Defendant contends that the state's evidence was insufficient to prove...

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