Milburn v. State

In State v. Escobedo (1969), 44 Wis. 2d 85, 170 N. W. 2d 709, we pointed out the inappropriateness of using the motion for judgment notwithstanding the verdict in a criminal trial to raise the question of the sufficiency of the evidence. However, a proper motion for new trial based upon specific allegations of the insufficiency of evidence was made, and we therefore conclude that the sufficiency of evidence is properly raised in this appeal.

Defendant’s first contention is that the items admitted as the consequence of the officer’s investigation of Mil-bum’s automobile were the result of an…