State v. Smith

“Who finds the heifer dead and bleeding fresh,

And sees fast by a butcher with an axe,

But will suspect ’twas he that made the slaughter ?”

Shakespeare, Henry VI, Pt. II, III 2.

Sufficiency of the evidence.

Defendant contends that the verdict and conviction should be set aside because of insufficiency of the evidence. This argument is primarily addressed to the fact that no witness testified that he saw Smith actually commit the crime of burglarizing the antique shop. In short, as stated by Mr. Justice Hallows in State v. Johnson (1960), 11 Wis. 2d 130, 134, 104 N. W. 2d 379, he was not “caught in…