Garcia v. State

The defendant has abandoned his request for review of the order denying his motion for a new trial upon the ground of newly discovered evidence because the facts to be relied upon by the defendant were known to the defendant at the time of trial.

The issue before us is whether the defendant should be granted a new trial in the interest of justice under the discretion given this court by virtue of see. 251.09, Stats.

On September 23, 1973, two men were observed attempting to break into George’s Shopping Center on the south side of Milwaukee. Mrs. Karen Blosmore, who lived across an alleyway,…