STATE v. HELNIK

No. State 181.

47 Wis.2d 720 (1970)

177 N.W.2d 881

STATE, Appellant, v. HELNIK, Respondent.

Supreme Court of Wisconsin.

Decided June 26, 1970.


Attorney(s) appearing for the Case

For the appellant the cause was argued by Mary V. Bowman, assistant attorney general, with whom on the briefs were Robert W. Warren, attorney general, and William A. Platz, assistant attorney general. John C. Gower, district attorney of Brown county, also presented argument.

For the respondent there was a brief and oral argument by J. D. McKay of Green Bay.


HANLEY, J.

The sole issue on this appeal is whether a trial judge who finds the evidence insufficient to support a jury's verdict can set aside such verdict and, on his own motion, amend the information so as to charge a lesser crime which is, in fact, supported by the evidence.

It is the position of the state on this appeal that the proper test in determining a motion to set aside a verdict is whether there is any credible evidence to support the jury's answers...

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