State v. Hutnik

The first ground upon which the court dismissed the complaint, that the statute was unconstitutionally vague, has already been resolved by this court. We held in State v. Alfonsi (1967), 33 Wis. 2d 469, 147 N. W. 2d 550, that the statute was sufficiently clear and definite to withstand this constitutional attack.

The second basis for the judge’s dismissal, that there was a failure of proof, is, however, squarely before us. It is the claim of the state that sufficient facts were presented to allow the case to go to the jury and that, in any event, there must be a new trial because the judge…