State v. Giwosky

This is a review of an unpublished decision of the court of appeals which affirmed the trial court’s order, Judge Ralph Adam Fine, presiding. The order granted the defendant’s motion for a new trial on the grounds that he was denied his right to a unanimous verdict because the criminal complaint was duplicitous.

On June 16, 1980, the defendant, Daniel Giwosky, was charged with one count of battery in violation of sec. *448940.19(1), Stats. 1979-80.1 The facts surrounding this charge, which are in substantial dispute, are as follows:

On June 6, 1980, the victim, John Noldin, and his friend, Dan…