State v. Mabra

The appeal from the judgment of conviction comes too late. Although at the time of trial, sec. 958.13, Stats. 1967, was applicable to appeals and limited them to one year after the entry of judgment of conviction, this appeal comes twenty-three and one-half months thereafter. However, the appeal from the order denying a new trial is timely. While it has been said the test on appeal of a denial of a new trial is whether there has been an abuse of judicial discretion, State v. Simmons (1973), 57 Wis. 2d 285, 289, 203 N. W. 2d 887; State v. Wollmer (1970), 46 Wis. 2d 334-336, 174 N. W. 2d 491;…