State v. Wyss

WILLIAM A. BABLITCH,

J. The State of Wisconsin (State) petitions for review a decision of the court of appeals which granted the defendant, Elmer F. Wyss (Wyss), a new trial, in the interest of justice. In a jury trial which commenced on July 20,1982, Wyss was found guilty of the first-degree murder of his wife, Dorthy Wyss. We find from a review of the record that the circumstantial evidence in this case was strong enough to exclude to a moral certainty every reasonable hypothesis *688of the defendant’s innocence. We hold that before a new trial may be granted because of an alleged miscarriage of…