State v. Waters

Three issues are presented on this appeal:

1. In reversing the order of the county court, did the circuit court exceed the proper scope of review ?

2. Did the evidence establish respondents’ guilt beyond a reasonable doubt ?

3. Did the trial court abuse its discretion in not ordering a new trial ?

Scope of Review Upon Appeal to Circuit Court.

This appeal presents the court with its first opportunity to consider sec. 957.255, Stats., which became effective in 1962, 1 and which provides in part:(2) If a new trial is denied an appeal may be taken therefrom to the circuit court within 15 days of the…