State v. Freiberg

Was there sufficient evidence to establish the wilfulness of defendants failure to support?

The burden of proof in a nonsupport case is the same as in any criminal matter — proof of guilt beyond a reasonable doubt. This court recently said in Gauthier v. State (1965), 28 Wis. (2d) 412, 415, 187 N. W. (2d) 101, that:

“The burden of proof upon the state is the same whether the case is tried before a jury or before a court. That burden is to prove the defendant guilty beyond a reasonable doubt. The test applied upon appeal to this court is whether the ‘evidence adduced, believed and rationally…