MUSKEGO, Wis. (CBS 58) -- A Muskego man charged with killing his wife almost 40 years ago has filed a motion to dismiss the case. 

The motion was filed Monday, March 4 on behalf of 78-year-old John Bayerl whose wife Dona Mae Bayerl disappeared in 1979. Her body was never found, but John Bayerl was arrested in Florida and charged for the murder. 

The motion to dismiss is based on "a lack of sufficient facts." A hearing on that motion is set for March 11.