State v. Witte

The.jury found the defendant in error guilty of embezzlement on three counts, and upon motion after verdict the trial judge set the verdict aside for the reason that the evidence was insufficient, and discharged the defendant in error. The state brings the case to this court on a _writ of error under sec. 358.12 (8), Stats., with permission of the presiding judge. Defendant in error contends that this subsection is unconstitutional, as violating sec. 8, art. I, of the Wisconsin constitution, which provides, so far as material here, as follows:

“no person for the same offense shall be put twice…