GARCIA v. STATE

No. 75-232-CR.

73 Wis.2d 651 (1976)

245 N.W.2d 654

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

Supreme Court of Wisconsin.

Decided October 5, 1976.


Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Howard B. Eisenberg, state public defender, and Robert J. Paul, assistant state public defender, and oral argument by Mr. Paul.

For the defendant in error the cause was argued by William L. Gansner, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.


BEILFUSS, C. J.

The defendant has abandoned his request for review of the order denying his motion for a new trial upon the ground of newly discovered evidence because the facts to be relied upon by the defendant were known to the defendant at the time of trial.

The issue before us is whether the defendant should be granted a new trial in the interest of justice under the discretion given this court by virtue of sec. 251.09, Stats.

On September 23...

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