Pate v. State

We find no error in the trial of this case. Also, we have considered the detailed findings of fact and conclusions of law entered by the trial judge after an extensive hearing on the defendant’s motion for a new trial. However, after examination of the record of the preliminary examination, the trial and hearings on the post-trial motions, we reach the conclusion that it is probable that justice has miscarried in this case and, therefore, we are of the opinion that this is an appropriate case in which to grant a discretionary reversal pursuant to the provisions of sec. 251.09, Stats.

We,…