State v. Hibicke

“The granting of a new trial in the interest of justice is highly discretionary, and the order, although reviewable, will not be reversed by the supreme court unless it clearly appears that there was an abuse of judicial discretion.” Syllabus, Kies v. Hopper (1945), 247 Wis. 208, 19 N. W. (2d) 167.

We need examine the trial court’s reasons no further than to find one sufficient to justify the order for the new trial as an act within the trial court’s discretion.

During the trial, to a question by the court, counsel for the state replied that it was essential to the state’s case that an…