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STATE v. WYSS

No. 83-818-CR.

124 Wis.2d 681 (1985)

370 N.W.2d 745

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Elmer F. WYSS, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 28, 1985.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Devid J. Becker, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the defendant-appellant there was a brief by Stephen M. Glynn, Susan W. Brenner and Shellow, Shellow & Glynn, S.C., Milwaukee, and oral argument by Stephen M. Glynn.

WILLIAM A. BABLITCH, J.

The State of Wisconsin (State) petitions for review a decision of the court of appeals which granted the defendant, Elmer F. Wyss (Wyss), a new trial, in the interest of justice. In a jury trial which commenced on July 20, 1982, Wyss was found guilty of the first-degree murder of his wife, Dorthy Wyss. We find from a review of the record that the circumstantial evidence in this case was strong enough to exclude to a moral certainty every reasonable...

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