Jones v. State

The writ of error to review the judgment was improvidently issued by the clerk of this court as over a year elapsed from the date of the judgment of conviction; consequently, the writ of error to review the judgment is dismissed.

The writ of error to review the order denying the motion for a new trial raises two questions of law. While it was pointed out in State v. Simmons (1973), 57 Wis. 2d 285, 289, 203 N. W. 2d 887, and State v. Wollmer (1970), 46 Wis. 2d 334, 335, 336, 174 N. W. 2d 491, that the test to be applied in reviewing a trial court’s order denying a new trial is whether there has…