Logan v. State

Where a writ of error is taken from an order denying a new trial, the question to be resolved by this court is whether the trial judge abused his discretion in denying the motion. State v. Waters (1965), 28 Wis. 2d 148, 152, 153, 135 N. W. 2d 768; State v. Bidwell (1930), 201 Wis. 210, 212, 229 N. W. 633.

The defendant on this writ of error and on the motion before the trial court argued that the court abused its discretion inasmuch as the court committed a legal error when it sustained an objection to Larry Logan’s testimony as alibi, when it was in fact merely testimony that was…