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STATE v. KENNEDY

15 Wis.2d 600 (1962)

STATE, Appellant, v. KENNEDY, Respondent. SAME, Appellant, v. REYNOLDS, Respondent. SAME, Appellant, v. STRONG, Respondent.

Supreme Court of Wisconsin.

February 6, 1962.

Attorney(s) appearing for the Case

For the appellant the cause was argued by William A. Platz, assistant attorney general, and John Peyton, district attorney of Racine county, with whom on the briefs was John W. Reynolds, attorney general.

For the respondents there was a brief and oral argument by Charles M. Constantine of Racine, for Leo Francis Kennedy and Paul Lloyd Reynolds, and by Manny S. Brown of Racine, for Allan Ward Strong.

FAIRCHILD, J.

1. Unauthorized entry of a public building may be burglary under present statutes. The question which is common to all three appeals is whether entry of a "public building" (presumably a building owned or used by a public body) is an offense under sec. 943.10, Stats., where the prescribed unlawful intent is present and consent of the person in possession is lacking.1 Defendants contend, and the municipal court decided...

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