MILBURN, Plaintiff in error,
v.
STATE, Defendant in error.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued January 7, 1971.
Decided February 2, 1971.
Attorney(s) appearing for the Case
For the plaintiff in error there were briefs and oral argument by James H. McDermott, state public defender.
For the defendant in error the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Daniel J. Miron, district attorney of Marinette county.
Supreme Court of Wisconsin.
HEFFERNAN, J.
In State v. Escobedo (1969), 44 Wis.2d 85, 170 N.W.2d 709, we pointed out the inappropriateness of using the motion for judgment notwithstanding the verdict in a criminal trial to raise the question of the sufficiency of the evidence. However, a proper motion for new trial based upon specific allegations of the insufficiency of evidence was made, and we therefore conclude...
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