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IRBY v. STATE

No. State 91.

60 Wis.2d 311 (1973)

210 N.W.2d 755

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

Supreme Court of Wisconsin.

Decided October 2, 1973.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Melvin F. Greenberg, and Greenberg, Heitzman, Richter & Soglin, all of Madison, and oral argument by Melvin F. Greenberg.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HALLOWS, C. J.

The first contention is the conviction is not sustained by sufficient credible evidence.

The sufficiency of the evidence.

We have examined the record and have come to the conclusion the jury on the evidence presented, which it had a right to believe and accept as true, acting reasonably could be convinced of Irby's guilt beyond a reasonable doubt. This is the test on appeal, not whether this court or the members thereof are...

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