State v. Mills

The sole issue presented on appeal is whether the trial court, in granting a new trial pursuant to sec. 974.02, Stats., on the basis of inconsistent verdicts, abused its discretion.

The law is well-settled that a motion for a new trial is directed to the discretion of the trial court and that an order for a new trial will be affirmed unless there is an abuse of discretion. “On review the supreme court seeks not to sustain the verdict of the jury but looks for reasons to sustain the findings and order of the trial judge.” However, this rule is subject to the qualification set forth in Holtz v.…