Genova v. State

The defendant, John A. Genova, was charged on June 18, 1976, with theft, party to a crime, in violation of secs. 943.20(1) (a) and (3) (b), and 939.05, Stats. 1 Following a trial by a jury, the defendant was found guilty as charged. His sentence was withheld and he was placed on probation for three years, the first sixty days to be served pursuant to sec. 973.09(4). 2 The trial court denied the defendant's post-conviction motions for dismissal of the action, for judgment of acquittal notwithstanding the jury verdict, or alternatively, for a new trial. At trial, the state's primary witness was Erwin Magritz, who had been charged as the principal in the theft and entered a plea of guilty to the charge. He testified that he stole a motor from a boat at the apartment complex in which he lived. He approached the defendant several days later to determine if Genova wanted to buy the motor. According to Magritz, he informed the defendant that he had taken the motor from a trailer bearing Florida license plates. He also testified that he told Genova the motor was hot. The defendant stated he was not interested, but indicated that his brother might be interested.