State v. Detco, Inc.

This is an attempted appeal by the state from a judgment dismissing the information and setting aside a jury verdict of guilty on the ground there was insufficient evidence of the existence and scope of the agency which would have implicated the corporate defend ant-respondent, Detco, Inc., on a charge of exhibiting an obscene movie in Milwaukee.

The appeal should be dismissed for two reasons: (1) It is unauthorized by sec. 974.05, Stats., which governs appeals by the state in criminal cases, and (2) it is prohibited by the double jeopardy clause of the fifth amendment of the United States…