State v. Helnik

The sole issue on this appeal is whether a trial judge who finds the evidence insufficient to support a jury’s verdict can set aside such verdict and, on his own motion, amend the information so as to charge a lesser crime which is, in fact, supported by the evidence.

It is the position of the state on this appeal that the proper test in determining a motion to set aside a verdict is whether there is any credible evidence to support the jury’s answers. In support of such proposition the state cites Braatz v. Continental Casualty Co. (1956), 272 Wis. 479, 483, 76 N. W. 2d 303. Braatz, however,…