STATE v. WAKEEN


263 Wis. 401 (1953)

STATE, Appellant, vs. WAKEEN, Respondent.

Supreme Court of Wisconsin.

March 3, 1953.


Attorney(s) appearing for the Case

For the appellant there were briefs by the Attorney General and William A. Platz, assistant attorney general, and oral argument by Mr. Platz.

For the respondent there was a brief by Johns, Roraff, Pappas & Flaherty of La Crosse, and oral argument by Robert D. Johns.

A brief was filed by Herbert L. Mount of Milwaukee, for the Wisconsin Pharmaceutical Association as amicus curiae.

A brief was filed by Cahill, Gordon, Zachry & Reindel of New York, N. Y., and Murphy & Gavin of Madison, attorneys, and John T. Cahill and James A. Fowler, Jr., of New York, N. Y., Robert B. L. Murphy of Madison, and Keith M. Moffat of New York, N. Y., of counsel, for the United States Pharmacopoeial Convention as amicus curiae.


FAIRCHILD, J.

The pertinent sections of the statutes are as follows:

151.04 (2) "No person shall sell, give away, barter, compound, or dispense drugs, medicines, or poisons, nor permit it, in a town, village, or city with a population of 500 or more unless he be a registered pharmacist, nor institute nor conduct a place therefor without a registered pharmacist in charge, except that a registered assistant pharmacist may do so under the personal supervision...

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