State v. King

The defendant has moved for dismissal -of the appeal upon the ground that reversal would require a new trial as a result of which there would be double jeopardy, a violation of the Wisconsin constitutional provision that “no person for the same offense shall be put twice in jeopardy of punishment.” Sec. 8, art. 1, Const.

The state contends that it is given the right to an appeal by the provisions of sec. 358.12, Stats., which are as follows:

“(1) A writ of error or appeal may be taken by the state from any: . . .

“(d) Judgment adverse to the state, upon questions of law arising upon the trial,…