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STATE v. NICHOLS

7 Wis.2d 126 (1959)

STATE, Respondent, v. NICHOLS, Appellant.

Supreme Court of Wisconsin.

April 7, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Donald S. Eisenberg of Madison.

For the respondent there was a brief by the Attorney General and William A. Platz, assistant attorney general, and oral argument by Mr. Platz.

DIETERICH, J.

The state of Wisconsin concedes the fact to be that there was but one instrument involved. Therefore, this case presents but one question: Did the legislature, when it created sec. 943.38 (1) (a) and (2), Stats. 1955, new Criminal Code, intend that forgery and uttering of an instrument by one as part of the same transaction constitute one crime or two separate distinct crimes?

In Hansen v. Industrial Comm. (1943), 242 Wis. 293, 297, 7...

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